Decision No. 1895/QD-BKHDT dated December 22, 2017 by the Minister of Planning and Investment.

Article 1. Position and functions

The Foreign Investment Agency is a unit under the Ministry of Planning and Investment that assists the Minister in performing the state management function of foreign direct investment activities in Vietnam and Vietnam's offshore direct investment (hereinafter referred collectively to as foreign investment and offshore investment); formulating strategies, plans, mechanisms and policies on foreign investment and offshore investment; organizing investment promotion activities, and guiding investment procedures.

Foreign Investment Agency has legal status; its own seal and level-2 account; Its operating budget allocated from the state budget is incorporated in the annual estimate of the Ministry of Planning and Investment.

Article 2. Tasks and powers

1. To act as a focal point to assist the Minister in managing foreign investment and offshore investment; assuming the prime responsibility and coordinating with units in the Ministry and ministries, line ministries and localities in drafting strategies, plans and orientations to attract foreign investment into Vietnam.

2. Regarding the synthesis and evaluation of investment situation:

a) Being the focal point for summing up the results of foreign investment and offshore investment in service of the synthesis of national economic plans;

b) Summarizing and recommending on handling issues related to the general policy on foreign investment and outward investment;

c) Summarizing and reporting the situation of foreign investment and outward investment nationwide.

d) Building a database system of foreign investment and offshore investment; providing information on foreign investment and offshore investment according to the Ministry's regulations;

e) Implementing international cooperation in the field of statistics, synthesis and evaluation of foreign investment and outward investment.

3. To build, manage and operate the National Investment Information System as follows:

a) Assuming the prime responsibility in proposing the upgrade and expansion investment to meet the requirements of operational management, administration and utilization of the System; managing and using regular expenditures granted in accordance with law;

b) Directly managing the operation and administration of the System;

c) Issuing and revoking system administration accounts to administrators of ministries, line ministries and localities;

d) Supervising and inspecting the organization of operational management, system administration of relevant agencies;

d) Issuing and revoking user accounts granted to investors conducting offshore investment activities;

e) Organizing training and guidance on the operational management and utilization of the System for relevant state management agencies.

4. Regarding the work of elaborating and organizing the implementation of laws and policies:

a) Presiding over or participating in developing, amending and supplementing mechanisms and policies on foreign investment and outward investment; summing up difficulties, proposals and recommendations for handling in the process of implementing laws, mechanisms and policies on foreign investment and offshore investment;

b) Taking charge or take part in developing, amending and supplementing legislative documents on foreign investment and outward investment as assigned by the Minister;

c) Presiding over or participating in the negotiation of international treaties related to foreign investment and outward investment as assigned by the Minister;

d) Participating in intergovernmental cooperation programs, working groups with countries and international organizations in the field of elaborating and perfecting mechanisms and policies related to foreign investment and outward investment as assigned by the Minister;

e) Acting as the focal point to monitor and guide the implementation of procedures and provisions of law related to foreign investment and outbound investment as assigned by the Minister;

f) Presiding over and coordinating with relevant units to organize policy dialogues with the foreign-invested business community.

5. Regarding the state management of foreign investment and offshore investment:

a) Presiding over or coordinating with relevant units to monitor, check and inspect the implementation of the regulations on foreign investment and outward investment as assigned by the Ministry;

b) Taking charge of appraising project documents, making and submitting appraisal reports to the Prime Minister for projects in the field of Casino, horse racing, dog racing, betting, gambling, electronic games with prizes and other projects as assigned by the Minister;

c) Coordinating with the Department of Investment Supervision and Appraisal in appraising foreign investment project dossiers, making and submitting evaluation reports to the Prime Minister for projects under the Prime Minister’s authority of deciding investment policies in accordance with the law on investment (for projects outside industrial parks and economic zones);

d) Presiding over comments on foreign-invested projects under its authority to grant and adjust investment registration certificates of ministries, line ministries and localities (for projects outside industrial parks), economic sectors);

e) Coordinating with relevant units and agencies to unify the statistical reporting regime on foreign investment and outward investment;

f) Taking charge and cooperating with relevant units in reviewing, gathering, amending and supplementing sectors and trades and investment conditions for foreign investors in accordance with laws and investment treaties to publish on the National Foreign Investment Information System.

g) Assuming the prime responsibility for or coordinating with other units of the Ministry in settling disputes between foreign investors and state management agencies;

h) For offshore investment projects:

- Receiving records of offshore investment projects;

- Cooperating with the Department of Investment Supervision and Appraisal in supervising and appraising offshore investment projects under the authority of the National Assembly or the Prime Minister on deciding offshore investment policies.

- Presiding over the procedures for registration for grant, modification and revocation of Offshore Investment Registration Certificates.

- Submitting to the Minister for promulgation notices to investors about whether or not to grant Offshore Investment Registration Certificates.

6. Regarding investment promotion:

a) Performing the State management over investment promotion activities nationwide, including: guiding the formulation and implementation of investment promotion programs; coordinating investment promotion activities; monitoring, synthesizing and assessing the situation and efficiency of investment promotion; coordinating with state management agencies in investment promotion activities;

b) Assuming the prime responsibility for synthesizing, elaborating, implementing and coordinating the State budget-funded investment promotion programs granted to the Ministry of Planning and Investment;

c) Taking charge of synthesizing, developing, implementing, coordinating and monitoring the implementation of the National Investment Promotion Program;

d) Taking charge of formulating policies on investment attraction and investment promotion strategy; promoting Vietnam's investment environment; holding conferences, seminars and programs to promote investment; organizing training courses on investment promotion; providing supports to investors in exploring investment opportunities and implementing investment projects; undertaking international cooperation in investment promotion;

e) Acting as a focal point for management and coordination with the Department of Organization and Personnel and related units to guide, monitor and coordinate activities with the overseas investment promotion departments;

f) Compiling and submitting a list of projects calling for foreign direct investment in each period in conformity with the national development investment planning and plans to competent authorities for decision; proposing adjustments if necessary.

7. To coordinate with the Organization and Personnel Department and concerned units in providing training and fostering courses to officials engaged in foreign investment work; coordinating in the performance of emulation and commendation work for organizations and individuals related to foreign investment and offshore investment.

8. To manage the assigned organization, payroll and properties according to the provisions of law and the assignment of the Ministry.

9. To perform other duties as assigned by the Minister.

Article 3. Organizational structure

The administrative units include:

1. Division of General Affairs and Information;

2. Division of Foreign Investment;

3. Division of Overseas Investment.

4. Division of Investment Promotion;

5. Agency’s Office.

Non-business units include:

6. Northern Investment Promotion Center;

7. Central Investment Promotion Center;

8. Southern Investment Promotion Center.

The payroll of officials and contracted employees gets salary from the State budget allocated to the Department as decided by the Minister.

Article 4. Leaders of Foreign Investment Agency

1. The Agency has a Director General and a number of Deputy Directors General.

2. The Director General and Deputy Directors General are appointed, dismissed and removed from office by the Minister in accordance with law.

3. The Director General stipulates the functions and tasks of the units affiliated to the Agency; formulating working and internal spending regulations of the Agency in accordance with current laws; building the functions, tasks and organizational structure of Investment Promotion Centers and submit them to the Minister for consideration and decision.

4. The Director General is responsible to the Minister and the law for all activities of the Agency.

5. The Deputy Directors General is responsible to the Director General and the law for the assigned working fields.

Article 5. Effect

This Decision takes effect from the date of signing. The previous regulations contrary to this Decision are now annulled.

Article 6. Implementation responsibilities

The Director General of Department of Personnel and Organization, Chief of the Ministry Office, Director General of Foreign Investment Agency and Heads of units and organizations under the Ministry are responsible for the implementation of this Decision./.

Ministry of Planning and Investment