Circular No. 06/2011/TT-BKHDT dated April 06, 2011 of the Ministry of Planning and Investment guiding dossiers, order, procedures of issuance of “Written Certification of incentives, additional investment assistance for the enterprises investing in agriculture, rural areas by Decree No.61/2010/ND-CP dated 4/6/2010 of the Government”

CIRCULAR

GUIDING DOSSIERS, ORDER, PROCEDURES OF ISSUANCE OF “WRITTEN CERTIFICATION OF INCENTIVES, ADDITIONAL INVESTMENT ASSISTANCE FOR THE ENTERPRISES INVESTING IN AGRICULTURE, RURAL AREAS BY DECREE NO.61/2010/ND-CP DATED 4/6/2010 OF THE GOVERNMENT”

Pursuant to Decree No.108/2006/ND-CP dated 22/9/2006 of the Government detailing and guiding the implementation of a number of Articles of the Law on Investment;

Pursuant to Decree No.56/2009/ND-CP dated 30/6/2009 of the Government on assistance to the development of small- and medium-sized enterprises;

Pursuant to Decree No.116/2008/ND-CP dated 14/11/2008 of the Government prescribing the functions, tasks, powers and organizational structure of the Ministry of Planning and Investment;

Implementing Decree No.61/2010/ND-CP dated 04/6/2010 of the Government on policies to encourage enterprises to invest in agriculture and rural areas; Ministry of Planning and Investment based on functions and duties assigned, guides documents, order and procedures for consideration and granting of "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP dated 04/06/2010 of the Government" as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular guides on:

1. Dossiers, order and procedures for granting " Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP dated 04/06/2010 of the Government".

2. Form and method to write " Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP dated 04/06/2010 of the Government"

Article 2. Subjects of application

1. Enterprises established and operating in accordance with the provisions of the laws of Vietnam have investment projects in agriculture, rural areas.

2. The competent state bodies related to the review process, grant " Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP dated 04/06/2010 of the Government”.

Article 3. Interpretation of terms

In this Circular, the following terms shall be construed as follows:

1. Agriculture sector of special investment incentives include the business lines specified in Appendix issued together with Decree No.61/2010/ND-CP on the policies to encourage the enterprises to invest in agriculture and rural area (hereinafter referred to as Decree No.61/2010/ND-CP) and detailed in the list of economic business lines system of Vietnam issued together with Decision No.10/2007/QD-TTg on 23/01/2007 of the Prime Minister.

2. Supper-small, small and medium-sized enterprises are the enterprises with scale of total capital (total capital equivalent to total assets defined in the balance sheet of enterprises) or annual average number of employees (total capital is the priority criteria) specified in Article 3 of Decree No.56/2009/ND-CP dated 30/6/2009 of the Government on development assistance to small and medium-sized enterprises.

3. Agricultural projects of special investment incentives are the projects investing in the business lines specified in Appendix issued together with Decree No.61/2010/ND-CP and are made in areas of the list of localities having special difficult economic and social conditions specified in Appendix B attached to the Decree No.108/2006/ND-CP dated 22/9/2006 of the Government detailing and guiding the implementation of some Articles of Law on Investment (hereinafter referred to as Decree No.108/2006/ND-CP).

4. Agricultural projects of investment incentives are the projects investing in the business lines specified in Appendix issued together with Decree No.61/2010/ND-CP and are made in areas of the list of localities having difficult economic and social conditions specified in Appendix B attached to the Decree No.108/2006/ND-CP.

5. Agricultural projects encouraged investment are the projects investing in the business lines specified in the Appendix issued together with Decree No.61/2010/ND-CP and are implemented in village, mountain village. The project shall be not considered as agricultural project of investment promotion if the entire project or one/some components of the project is carried out at the ward area.

Article 4. Principles for granting certification of investment incentive, assistance

1. People s Committees of provinces and centrally-run cities (hereinafter referred to as provincial-level People s Committees) where implement the investment projects consider and grant "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP dated 04/06/2010” for the investors who meet the conditions specified in Article 4, Decree No.61/2010/ND-CP.

2. "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP” is a basis for the competent State agencies to apply incentive, additional investment assistance for enterprises investing in agriculture and rural area as stipulated in Decree No.61/2010/ND-CP.

3. Form "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP" is specified in Appendix II issued together with this Circular.

Chapter 2.

DOSSIERS, ORDER, PROCEDURES FOR REVIEW TO GRANT "WRITTEN CERTIFICATION OF INCENTIVES AND ADDITIONAL INVESTMENT ASSISTANCE FOR ENTERPRISES INVESTING IN AGRICULTURE, RURAL AREA BY DECREE NO. 61/2010/ND-CP"

Article 5.A dossier requesting for "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP"

Investors having investment projects of the cases specified in Article 4 of Decree No.61/2010/ND-CP hand in 09 sets of dossiers including 01 original set applying to the Department of Planning and Investment, where investment projects are made to be granted "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP". A dossier comprises:

1. Written request for granting "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP" in the form prescribed in Appendix I issued enclosed with this Circular;

2. Investment project: In addition to the basic content of the project as stipulated in Decree No.108/2006/ND-CP, it needs to add explanation to clarify bases of calculations and suggest the preferences, investment assistance under Decree No.61/2010/ND-CP.

For investment projects of the State-owned enterprises, it must be accompanied the certified copies of the investment decision of the competent agencies as prescribed by law.

3. And report on situation and results to implement project from the commencement to operate till the time of requesting for issuance of "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP" (in the case of investment projects have been implemented).

4. Where the investors implementing the projects have changed the conditions to apply incentives and investment assistance provided for in Article 4 of Decree No.61/2010/ND-CP, the investors must conduct procedures to be granted for a change of "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP". A dossier comprises:

a. A written request for a change "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP" in the form prescribed in Appendix I Attached to this Circular;

b. Adjusted investment project: In addition to the basic content of the project as stipulated in Decree No.108/2006/ND-CP, it needs to add explanation to clarify bases of calculations and suggest the preferences, investment assistance under Decree No.61/2010/ND-CP for the adjusted project.

For investment projects of the State-owned enterprises, it must be accompanied the certified copies of the decision on approving adjustment, supplement of investment project of the competent agencies as prescribed by law;

c. And report on situation and results to implement project to the time of adjustment.

d. The original "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP".

5. Investors take responsibility before law for the truthfulness of the information recorded in the dossier requesting for issuance of "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP".

Article 6. The order and procedures for consideration of granting "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP"

1. After receiving complete dossiers as prescribed in Article 5 of this Circular, the Department of Planning and Investment shall send dossiers to consult the following agencies: Department of Finance, Department of Agriculture and Rural Development, district People’s Committee where the investor has an investment project (for the projects outside industrial zones, export processing zones, hi-tech parks, economic zones) or Management Units of industrial zones, export processing zones, parks high-tech zones and economic zones (for projects located in industrial zones, export processing zones, hi-tech parks, economic zones), the departments, branches related to the preferences, investment assistance of the project.

2. The relevant agencies referred to in Point 1 of this Article shall, under its function, tasks organize research, appraisal of the conditions for incentives, additional investment assistance of the investors for the following contents:

a. The size of the enterprise: medium/small/ super-small size;

b. Investment project of kind of: special investment incentives/investment incentives/ investment encouragement;

c. Investment projects enjoyed all kinds of incentives and specific investment assistance as stipulated in Decree No.61/2010/ND-CP;

3. Within 7 working days from the date of receipt of dossiers, the relevant agencies send written opinion of appraisal to the Department of Planning and Investment and are responsible for matters under their management functions.

4. Within 5 working days from the date of receiving sufficient opinions of the agencies, the Department of Planning and Investment shall sum up opinions of appraisal and make report and recommend to the provincial People s Committee for issuance of "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP" for the investors who have investment projects in agriculture, rural areas of the cases of enjoying incentives, additional investment assistance as stipulated in Decree No.61/2010/ND-CP.

Where necessary, the Department of Planning and Investment hold a meeting of appraisal prior to the compilation of appraisal report to submit to the provincial People s Committee.

5. Provincial People s Committee considers and grants "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP" within 5 working days from the date of receiving the appraisal report of the Department of Planning and Investment.

6. In case of refusal to grant a "Written Certification of incentives and additional investment assistance for enterprises investing in agriculture and rural area under Decree No.61/2010/ND-CP" for part or all of the incentives, investment assistance at the investor s request, the Department of Planning and Investment shall send written notice stating clearly the reasons for investors.

Chapter 3.

IMPLEMENTATION

Article 7. Report Regime

1. Every 6 months, the provincial People s Committee reports on the implementation of Decree No.61/2010/ND-CP of the Government to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Agriculture and Rural Development for monitoring.

2. Every 6 months, the investors shall report the monitoring and evaluation of the implementation of investment projects under the provisions of Decree No.113/2009/ND-CP dated 15/12/2009 of the Government on monitoring and evaluation of investment, Circular No.13/2010/TT-BKH Circular dated 02/06/2010 of the Ministry of Planning and Investment defining on form of monitoring, evaluation report of investment.

Article 8. Effect

This Circular takes effect from May 22, 2011.

Article 9. Organization of implementation

In the course of implementation, if problems or difficulties arise, the agencies or organizations should reflect to the Ministry of Planning and Investment for timely guidance or supplement, amendments./.

APPENDIX I

WRITTEN REQUEST FOR GRANTING “WRITTEN CERTIFICATION OF INCENTIVES, ADDITIONAL INVESTMENT ASSISTANCE FOR THE ENTERPRISES INVESTING IN AGRICULTURE, RURAL AREAS BY DECREE NO.61/2010/ND-CP DATED 04/6/2010 OF THE GOVERNMENT”
(issuing together with Circular No.06/2011/TT-BKHDT dated April 06, 2011 of the Ministry of Planning and Investment)

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
------------

WRITTEN REQUEST

ISSUANCE/ISSUANCE FOR CHANGE OF “WRITTEN CERTIFICATION OF INCENTIVES, ADDITIONAL INVESTMENT ASSISTANCE FOR THE ENTERPRISES INVESTING IN AGRICULTURE, RURAL AREAS BY DECREE NO.61/2010/ND-CP DATED 04/6/2010 OF THE GOVERNMENT”

To:……..............................................................

Investor:(Enterprise’s name)............................................................................ ;

Type of enterprise:........................................................................................ ;

Size of enterprise:........................................... (Super-small, small, medium size)

Head office:......................................................................................................... ;

Tel:……………………………..Fax............................................................. ;

Certificate of Business Registration/Certificate of Enterprise Registration/ Certificate of Operation Registration/Business License/Certificate of Investment No. ... ... ... .... by ... ... ... ... dated ... ... ... month ... ... ... ... ... year...............

I. Registration to implement the project with the following contents:

- The project’s name:.............................................................................................. ;

- Investment field:................................................................................................... ;

- Location to implement the project:........................................................................ ;

- The project’s objectives:........................................................................................ ;

- Total investment of the project:............................................................................. ;

- Land area expected to use:................................................................................... ;

- Number of employees of the project averagely using in year:............................... ;

- Progress expected to implement the project:..........................................................;

- The duration to operate the project:........................................................................;

II. Proposal of incentives, investment assistance under Decree No.61/2010/ND-CP dated 04/6/2010 of the Government:

a. The investment incentives proposed as:

- Exemption from or reduction of land use fees:.................................................. ;

- Exemption from or reduction of rental of land, water surface of the state:............... ;

- Exemption from or reduction of land use fees as transferring purpose of land use:..... ;

b. The investment assistances proposed as:

- Assistance for rental of land, water surface of the households, individuals:............ ;

- Assistance for training funds:....................................................................................;

- Assistance for funds of market development ((advertising, trade fairs, exhibitions):......;

- Assistance for funds of consultancy activities:......................................................... ;

- Assistance for science and technology:................................................................... ;

- Assistance for freight:............................................................................................... ;

III. The investor undertakes:

- On the accuracy of the information above;

- Strictly observe the provisions of the law of Vietnam.

Documents attached:

-

-

Note: For the projects implemented prior to the effective date of the Decree 61/2010/ND-CP dated 04/06/2010 of the Government, the proposal for incentives, investment assistance specified in Item II is for the remaining duration of operation of the projects.

APPENDIX II

FORM OF “WRITTEN CERTIFICATION OF INCENTIVES, ADDITIONAL INVESTMENT ASSISTANCE FOR THE ENTERPRISES INVESTING IN AGRICULTURE, RURAL AREAS BY DECREE NO.61/2010/ND-CP DATED 04/6/2010 OF THE GOVERNMENT”
(issuing together with Circular No.06/2011/TT-BKHDT dated April 06, 2011 of the Ministry of Planning and Investment)

“WRITTEN CERTIFICATION OF INCENTIVES, ADDITIONAL INVESTMENT ASSISTANCE FOR THE ENTERPRISES INVESTING IN AGRICULTURE, RURAL AREAS BY DECREE NO.61/2010/ND-CP DATED 04/6/2010 OF THE GOVERNMENT”

(No: ... ... ... ... .. on ... ... .. month ... ... ... year ... ... ..)

Pursuant to Decree No.61/2010/ND-CP dated 04/06/2010 of the Government on policies to encourage the enterprises to invest in agriculture and rural area;

Pursuant to the written request for issuance of “Written certification of incentives, additional investment assistance for the enterprises investing in agriculture, rural areas by Decree No.61/2010/ND-CP dated 04/6/2010 of the government”of the investor of ... ... ... .. (Enterprise’s name);

Pursuant to the Appraisal Report of the Department of Planning and Investment at the Document No. ... .. on ... .... month ... ... .. year ... ... ... ...

(PEOPLE S COMMITTEE OF PROVINCE/CITY ...)

CERTIFIES:

Investor:(Enterprise’s name).............................................................................

As enterprise:……………………..(super-small/small/medium)

Head office:..........................................................................................................

Tel: ……………………Fax..........................................................................

Certificate of Business Registration/Certificate of Enterprise Registration/ Certificate of Operation Registration/Business License/Certificate of Investment No. ... ... ... .... by ... ... ... ... dated ... ... ... month ... ... ... ... ... year...............

Article 1. With investment project:

- Project’s name: ...........................................................................................................

Is the agricultural project:…………………………..(special investment incentives/investment incentives/ investment encouragement)

- Investment domain:...................................................................................................

- Location to implement the project:............................................................................ ;

- The project’s objectives:........................................................................................... ;

- Total investment of the project:................................................................................ ;

- Land area expected to use:...................................................................................... ;

- Number of employees of the project averagely using in year:.................................. ;

- Progress expected to implement the project:.............................................................;

- The duration to operate the project:...........................................................................;

Article 2.Enjoyed the incentives and investment assistance under Decree 61/2010/ND-CP dated 04/06/2010 of the Government on policies to encourage investment in agriculture and rural areas as follows:

1. The investment incentives:(only recording the incentives that the investor is enjoyed)

- Exemption from or reduction of land use fees:.................................................. ;

- Exemption from or reduction of rental of land, water surface of the state:..................... ;

- Exemption from or reduction of land use fees as transferring purpose of land use:..... ;

2. The investment assistances:(only recording the assistances that the investor is enjoyed)

- Assistance for rental of land, water surface of the households:.................. ;

- Assistance for training human resource(less than 06 months):......................................;

- Assistance for market development:...............................................................................;

- Advertising in mass media

- Domestic exhibitions and fairs

- Funding for access to market information, prices of goods and services from the trade promotion agency of the state: (stating clearly that it is reduced 50% or free of charge)

Assistance for consultancy services:

- Investment

- Management

- Market research

- Law

- Intellectual Property

- Scientific research

- Transfer of technology

- Consultancy of application

Assistance for science and technology:

- Implementation of research theme to create new technology

- New investment to implement the pilot production project

Assistance for freight

Article 3.“Written certification of incentives, additional investment assistance for the enterprises investing in agriculture, rural areas by Decree No.61/2010/ND-CP dated 04/6/2010 of the government” is made into 02 (two) originals: 01 original granted for the investor and 01 original kept at the issuing agency.