Proposing specific regulations on special investment sectors

ANTD.VN - The Vietnam Federation of Commerce and Industry (VCCI) believes that it is necessary to supplement regulations on investment in the fields of new technology, advanced technology...

Kiến nghị làm rõ một số quy định về đầu tư đặc biệt

Proposal to clarify some regulations on special investments

According to VCCI, the selection of fields to apply special investment procedures reflects our country's policy stance in attracting and facilitating investment activities in which fields. Clause 1, Article 36a of the Investment Law (amended) stipulates the fields to which special investment procedures are applied.

Clause 1, Article 2 of the Draft Decree detailing the Investment Law on special investment procedures refers to Clause 1, Article 36a of the Investment Law, but stipulates in a more open direction in Clause 2. That is, adding "new technology fields, advanced technology or products created from new technology, advanced technology that are urgent, serving the needs of socio-economic development" to the field of application of special investment procedures.

Expanding the scope of application of special investment procedures not only creates more favorable conditions for investment projects with new and advanced technology in the future to apply this procedure, but also ensures the stability of the law, as there is no need to amend legal regulations to supplement them.

VCCI considers this appropriate in the context of rapid development of science and technology today.

However, VCCI believes that the provisions in Clause 2, Article 2 of the draft need to be considered and reviewed, and there needs to be a mechanism for investors to propose projects to be implemented under special investment procedures.

Clause 2 is designed in the direction that project proposals in the field of new technology, advanced technology or products created from new technology, advanced technology that are subject to special investment procedures come from the Minister, Head of a ministerial-level agency, or Chairman of a provincial People's Committee.

In fact, investors carry out investment projects in the field of new technology, advanced technology and want to follow special procedures, but there is no mechanism to propose to the competent state agency to carry out this procedure. This makes the policy not suitable to reality.

Therefore, VCCI proposed to supplement the regulation that investors can propose to the Ministry of Planning and Investment to report to the Prime Minister to decide on applying special investment procedures for projects in the fields of new technology, advanced technology or products created from new technology, advanced technology.

At the same time, it is necessary to clearly stipulate the process for the Prime Minister to consider and decide to apply special investment procedures to projects in the fields of new technology, advanced technology or products created from new technology, advanced technology that are urgent and serve the needs of socio-economic development that are not specified in Clause 1, Article 36a of the Investment Law.

The provisions in Clause 2, Article 2 of the draft are unclear about the process for adding investment sectors to carry out special procedures, for example: Does the Ministry of Planning and Investment appraise the proposals of Ministers, Heads of ministerial-level agencies, and Chairmen of People's Committees? What is the basis for the Prime Minister to decide? This process needs to be clarified.

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