Công văn 2899/BKHDT-DTNN

Respectfully addressed to People’s committees of central-affiliated cities and provinces

According to the plan for operating the national information system on foreign investment at the Official Dispatch No. 8947/BKHĐT-ĐTNN dated November 27, 2014 and the Official Dispatch No. 579/BKHĐT-ĐTNN dated January 29, 2014 of the Ministry of Planning and Investment, many localities have carried out the operation of the system and organized training to enterprises. However, some of them have yet to operate the system according to the time as prescribed by the Ministry of Planning and Investment (See Appendix enclosed herewith) affecting general progress. To put the system into operation as prescribed in the Law on Investment, the Foreign Investment Agency proposes committees to direct and speed up the Services of Planning and Investment and authorities of industrial zones, processing and exporting zones, economic zones and hi-tech zones within management to carry out the following tasks:

1. Operation of the system

Operation of the national information system on foreign investment is compulsory for all investment registration agencies and FDI enterprises as prescribed in Article 70 of the Law on Investment. The Ministry of Planning and Investment is in the process of drafting documents guiding the implementation of the Law on Investment by which since July 01, 2015 all foreign investors are compelled to carry out online declaration about investment projects before submitting application for issuance or revisions to investment registration certificates. Investment registration agencies must receive the application and perform processes of handling of applications via the system. Each project shall be granted a project code. Project code is unique and unchangeable during the operation of the project and generated randomly from the system.  Therefore, the investment registration agencies are unable to perform their competence in the issuance of investment registration certificates after July 01, 2015 without using the system.

Officials of the investment registration agencies need to master operation of the system to perform professional competence in receiving, handling applications and issuing investment registration certificates before the effective date of the Law on Investment ensuring that issuance and revision to investment registration certificates are uninterrupted when the Law on Investment and guiding documents take effect. Therefore, the Ministry of Planning and Investment urges all agencies to operate the system and instruct enterprises to use the system for developing documentation, making reports and checking database online...

Currently, the Ministry of Planning and Investment has updated the system with all database about projects to which investment registration certificates have been granted. Therefore, the system has currently met all requirements for handling applications for issuance of investment registration certificates with or without association with establishment of enterprises, adjustment and dissolution. Applications for issuance of investment registration certificates without association with establishment of enterprises, and applications for adjustments shall be handled only after they are inspected and checked to find old database in the system matches project’s current information.

As of June 01, 2015 at the latest all investment registration agencies must put the system into operation to ensure that since July 01, 2015 the system shall officially operate as prescribed in the Law on Investment.

2. Checking and updating the system with database about projects to which investment registration certificates have been granted, and issuing user accounts to enterprises

The Ministry of Planning and Investment has cooperated with localities in checking and updating the system with all database about FDI projects to which licenses have been granted. However, because the database has been collected through many periods, and incompletely checked by a majority of localities or insufficiently checked, the system is still not fully updated as requested. The committees are then requested to assign investment registration agencies in reliance on current database and scanned investment registration certificates (According to the Ministry of Planning and Investment’s Official Dispatch No. 1060/BKHĐT-ĐKKD dated February 26, 2015) to check and re-update the national information system on foreign investment with database about enterprises and FDI projects (See detailed instructions enclosed herewith)

At the same time, the agencies are requested to make written requests to FDI enterprises within management for carrying out procedures for registration of user accounts and making regular reports as prescribed (See detailed instructions enclosed herewith).

Difficulties that arise during the implementation of this Circular should be phoned to hotline 097.774.6363 or sent to Mr. Nguyen Viet Cuong (email [email protected]; phone: 0987.813.821) for assistance.

OPERATION OF THE SYSTEM IN LOCALITIES

(Updated to May 13, 2015)

Notes:

X: Unimplemented

√: Implemented

DETAILED INSTRUCTIONS

(Check and update database; issue user accounts to enterprises; inspect and approve database updated by enterprises)

I. Checking and updating database

Checking and updating database on projects within management in the system must be carried out by investment registration agencies themselves as follows:

Step 1: Go to Section “Project information management”

Step 2: Search projects that need updates through using search functions In case any project that needs updates is not available in the database, press “Add” button to make additions.

Step 3: When a project that needs updates is found, press “pen-shape” icon of such project to make updates.

II. Issuance of user accounts to enterprises

Each FDI enterprise shall be granted a user account for checking its own investment project’s information and making regular reports online as prescribed. Reporting and checking database shall be carried out for each project. In case an enterprise has multiple projects, reporting shall be carried out one at a time. Procedures for issuance of user accounts as follows:

Step 1: The enterprise logs into the system at fia.mpi.gov.vn/fdi (instructions for use) to download the declaration form and send it to investment registration agencies.

Step 2. Investment registration agencies shall issue user accounts to the enterprise according to the process and make written notice about account name and password to the person in charge of user account as declared in the form (go to Section “list of enterprises’ user accounts”).

Step 3: Within 48 hours since receipt of notice, the enterprise must log into the system to change the password. Such use account shall be used by the enterprise for checking and updating project information and making regular reports as prescribed.

Rules on issuance of user accounts to enterprises:

1. User name: Name of enterprise in Vietnamese;

2. Name to log in: tax code of enterprise;

3. Password: default password with at least 8 digits in letters or numbers;

4. Within 48 hours since receipt of user account, the enterprise must change the password.

III. Inspection and approval for database updated by enterprises

Enterprises’ user accounts shall be used to change password, check and update project information and make regular reports online. After a user account is granted, the enterprise shall be responsible for logging into the database to check and update its project, and upload attached scan of the investment certificate (latest version) on the system as well. Updated information shall be sent to investment registration agencies.

Investment registration agencies shall be responsible for re-checking and endorsing information updated by enterprises based on attached scan of investment registration certificates. Approved data shall be automatically updated to the system’s database. Local system administrator must go to Section "Approval for project information” to examine and approve data. Any information found erroneous or wrong during the inspection must be re-corrected before approval.