Production activities of FDI enterprises in the city. (Haiphong.gov.vn) – Recently, there have been many changes in the world with the rapid development [...]
Production activities of FDI enterprises in the city.
(Haiphong.gov.vn) – Recently, there have been many changes in the world with the rapid development of Investment Protection Agreements, diverse investment dispute resolution mechanisms and the resulting increase in international investment disputes. In case of being sued, the Government and state agencies are forced to participate in proceedings to protect rights and interests. This will lead to large expenses that can reach millions of US dollars, not to mention the large compensation when the Government or state agencies lose the lawsuit, the time and effort of state officials and civil servants involved in this work... Faced with that situation, the Chairman of the City People's Committee has just issued a Directive requiring strengthening state management in the first place. privacy and preventionInternational investment disputes arise in the city.
Apply technical barriers to screen investors
Accordingly, the Department of Finance and Hai Phong Economic Zone Management Board are assigned to strengthen investor screening as soon as foreign investors explore investment opportunities in the city, and coordinate with relevant specialized management agencies to propose and apply technical barrier measures to screen investors. Continue to innovate and improve the effectiveness of investment promotion, prioritize attracting investment in key economic sectors, projects with high added value, using high technology, advanced technology, modern techniques, environmentally friendly, modern management, energy saving, efficient use of resources, with large budget contributions, commitment to technology transfer, linking with domestic enterprises along the value chain, increasing the localization rate...
Departments, branches and units must ensure compliance with the process and time limit for resolving administrative procedures for investors and businesses; proactively review conflicting, overlapping, and inappropriate legal regulations to promptly report to competent authorities for adjustment; Regularly review and update and announce international investment commitments on the city's portals and websites...
Promote inspection, examination and handling of violations in foreign investment activities in the field of specialized management, promptly resolve problems and recommendations of foreign investors, avoid the situation of over-level complaints by foreign investors or the situation of existing problems and conflicts developing into international disputes...
Improve the capacity of state management of investment, prioritize the appointment of qualified staff, capacity and skills suitable for foreign investment management; proactively raise awareness of international investment disputes, the implementation of treaties and international commitments on investment and the effectiveness of state management of foreign investment activities; Research and firmly grasp the regulations in the Regulation on coordination in resolving international investment disputes issued together with Decision No. 14/2020/QD-TTg dated April 8, 2020 of the Prime Minister.
Promoting the prevention of international investment disputes
To strictly ensure and minimize international investment disputes, the Chairman assigned the City Tax Department to preside with the Department of Finance and Hai Phong Economic Zone Management Board to continue to inspect and review investment incentives granted to foreign investors in the city; Propose solutions to handle cases where investment incentive regulations are not appropriate to limit the emergence of international investment disputes.
Review and properly evaluate legal factors, including legal risks that may occur in negotiating, signing and implementing agreements and commitments with investors, issuing certificates or documents to investors, ensuring that the content is consistent with Vietnamese law and Vietnam's investment commitments.
Agencies, organizations, and individuals that violate the law during the process of state management of investment, giving rise to international investment disputes, are responsible to the City People's Committee for damages incurred to the state budget, affecting the business investment environment of the city in particular and the country in general, must be handled and held responsible according to the Law on State Compensation Liability and related legal regulations.
Minh Hao
Procedures
