Regulations Promulgated Administrative Procedures Settlement One Stop Service on The

VINH PHUC PEOPLE’S COMMITEE
No: 40/2012/QĐ-UBND / SOCIALIST REPUBILC OF VIETNAM
Independence - Freedom – Happiness
Vinh Yen, October 29, 2012

DICISION

Regulations promulgated administrative procedures settlement one stop service on the construction investment projects of Vinh Phuc Investment Promotion Agency

PROVINCIAL PEOPLE’S COMMITTEE

Pursuant to the November 26, 2003 law on Organization of People’s Council and People’s Committee;

Pursuant to the Act and bylaw related to investment in force;

Pursuant to the resolution 30c/NQ-CP the November 08, 2011 of Government promulgated the overall plan on State administrative reform in period of 2011-2020;

Pursuant to Decision No 93 QĐ-TTg the June 22,2007 of Prime Minister promulgated regulations to carry out one stop service, one stop sevice policy of state administrative agencies in the local;

At the proposal of Office People’s Commitee in the report No 242/TTr-VP dated 26/10/2012 promulgating regulation on solving of administrative procedure one stop service policy on construction investment projects at Vinh Phuc Promotion Investment Agency;

DECIDES:

Article 1.Attached to this decision “resolving administrative procedure regulation one stop service, construction projects of Vinh Phuc Promotion Investment Agency”

Article2. This decision takes effect 10 day after it signed.

Head office Provincial People’s Commitee; Head of Departments, Agencies of Provincial People’s Committee; Head of agencies and related agencies; Director of Vinh Phuc Investment Promotion Agency; Investor take the responsibility to implement this decision.

On behalt of Vinh Phuc People’committee

Chairman

(Signed)

Phung Quang Hung

VINH PHUC PEOPLE’S COMMITE / SOCIALIST REPUBILC OF VIETNAM
Independence - Freedom – Happiness

REGULATION

Administrative procedure settlement one stop service of the construction investment projects at Vinh Phuc Investment Promotion Agency

(Attached to decision No 40/2012/ QĐ-UBND Vinh Phuc Province)

Chapter I

THE GENERAL REGULATION

Article1. Scope of regulation

This regulation provides for the principle, co-ordinate, lead agency, the sequence and timing resolution between Vinh Phuc Investment Promotion Agency (Agency for short) with other Department, (departments for short) solving the administrative related the construction investment project funded with state budgets, and official development assistance (ODA), the model of "one stop service" in the Vinh Phuc Investment Promotion Agency.

Article2. Subject of application

1. Department settles one stop service administrative procedure (Planning and investment, finance); Department, Agencies in province, units involved co-ordinated solving of administrative procedure on the list of projects in article 3 of this regulation.

2. Organization have invested the construction project using the state budgets and source of capital Office Development Assisstance (called for investor)

Article 3.The administrative procedure implement as the model “one stop service” in IPA

1. Appraisal and approval of construction investment projects in building construction.

2. Appraisal, approval of biding plan.

3. Appraisal and approval of additional extension of construction time.

4. Assessement, approve, supplement construction investment project

5. Verify, approval, strike a balance complememt project funded by state budget.

6. Assessement, approval the projet funded by source of capital office development assistance.

Article 4. The principle combines solving administrative procedure

1. Investors have invested the construction projects using the state budgets, Source of capital office development assistance in Vinh Phuc, above mentioned in the article 3 of this regulation.,transaction, submit the file to recommend solving administrative procedure and get the final results at Vinh Phuc Investment Promotion Agency.

2. Vinh Phuc Investment Promotion Agency is permanent contact agency “one stop service” received the document and required resolving administrative procedure and return the result for investors. Vinh Phuc Investment Promotion Agency doesn’t replace the function, mission of the Department. Vinh Phuc Investment Promotion Agency are responsible for the regular and fully of the document; co-ordinate and supervise the Department, involved agencies to resolve the administrative procedure as the competence and return the results to investors in the stipulated time.

3. The departments concerned to receive documents from the administrative procedures to address the Agency moved to solve the responsible authority and return the results to the Commission in accordance with the content, the time specified in this decision and take responsibility previous Provincial Peope’s Commitee and legislation on resolving administrative procedures results.

4. Procedure records, the level of fees and charges and expenses of examination and evaluation costs carried out in accordance with the laws and regulations of Vinh Phuc People's Committee, and must be posted publicly at the Agency, on webside of the Agencys, Portal and electronic Communication in the provinces and departments shall resolve administrative procedures.

After solving administrative procedures result, investors should pay direct costs settlement examination at the Department of Finance, appraisal costs at the Department of Planning and Investment as prescribed.

Article 5. Regulatgions coordinate to resolve administrative procedure.

1. Agency receive from the investor profile,check the validity and completeness of records as the rules; update and monitor record receipt , enter data into computer files, writing paper receipt and payment receipt time results, the slip-flow records indicate settlement period, sent to the agency for review or advisory resolution submitted to the jurisdiction.

In the case the application is not true, not enough as the rule during the receiving time the Agency makes specific instructions once full or in writing directly to the investor, supplements, according as complete content publicly at the Agency

2. The departments are responsible for:

a) Assign qualified personnel, direct receipt, the receipt must certify in the rotation stock records and treatment records in accordance with the "one stop service" at the agency, inform the list of officers on Agency processing profile to coordinate work relationships.

The case any problems occur during the process of evaluation and verification the main agency of resolving administrative procedures written notice to the Agency, the Employer and agencies and units involved. In case the time limit prescribed resolve administrative procedures, for objective reasons, or for reasons of subjectivity from the investor, the lead agency must inform to the Agency the reasons and the time delay associated promissory results, to promptly notify for investors.

b)Disclosure forms and records provisions on documentation, fees and charges due administrative procedures in the field of departments managed by simplified, shall send a record of 01 sample Agencys to gather, publicity in case of any change, to promptly notify the Agency and investor guidelines implementation.

c) The department resolves the administrative procedure be consulted departments concerned, as follows:

Departments shall receive the records, is responsible for sending the text, attached the file consulted departments (in writing to the Agency to supervise and coordinate implementation) through courier or form directly. After receiving the opinions of relevant departments, case records still problems, need to edit the written notice to the Owner complete and submit to the Agency for monitoring.

Departments and agencies are responsible for comments and result in departments chaired specified time, in the form of direct transfer, in the case of not sending timely file written then send by mail, fax or online, then send the originals by courier to the Department.

d) Regulary review and adjust the implementation of administrative procedure at the Agency in accordance with this regulation.

3. Where investors filed proposed settlement addresses improper administrative procedures, how to handle the following:

a) Records submitted to the Agency, but it is not within the scope of administrative procedures governed by this rule: Agency shall assist the Owner contact authorities competent to be resolved. In case the investor has done consulting needs the type of records and procedures, the Agency will directly support or consulting services to investors.

Records submitted to the departments but those administrative procedures within the scope of the decision-adjusted: departments’ investor guidelines apply to the Agency to resolve administrative procedures under the one stop service.

c) Records submitted to the Agency, proposed settlement Administrative Procedures of the scope of this decision, but that administrative procedures are in progress in solving departments before the effective date of this Decision: Agency returned departments to resolution process until the completion of the settlement administrative procedures returning results for investors.

Chapter II

PROCESSING AND TIMING TO RESOLVE ADMINISTRATIVE PROCEDURE

Article 6. Procedures for evaluation and approval of investment projects in construction

1. Resolving Agency: Department of Planning and Investment

2. Order processing time: Total time (working days) no exceed: 37 on group A projects, group B 30 days, 25 days group C, as follows:

a) The Reception and check the validity of documents as prescribed, moved to the Department of Planning and Investment solved; 02 day period.

The relevant departments are responsible for comments, transfer the results to the Department of Planning and Investment period: group A 12 days 09 days group B, group C 07 days from the date of receipt of the written application opinion of the Department of Planning and Investment.

c) Office of the Provincial People's Committee: Get records and verification procedures for drafting, signing the the Provincial People's Committee leadership approval and transfer the results to the Agency to return to the investor, time: 04 days group projects, group B 03 days C 02 days group.

d) The receipt and return the results to the investors in the Agency; 01 day.

Article7. Procedures for evaluating and approving procurement plans

1. Resolving Agency: Department of Planning and Investment.

2. Order processing time: Total time (working days) within 20 days as follows:

a) The Reception and check the validity of documents as prescribed, moved to the Department of Planning and Investment solved; 01 day.
b) Department of Planning and Investment: Receiving application, evaluation and reporting assessment results, transfers to the People's Committee Office; 16 day.
c) Office of the Provincial People's Committee: Get records, verification procedures and provincial leaders to sign and approve the transfer of results to the Agency to return to the investor; 02 day.
d) The receipt and return the results to the investors in the Agency; 01 day.

Article 8. Procedures for evaluating and approving additional extension of construction time

1. Resolving Agency: Department of Planning and Investment.
2. Order processing time: Total time (working days) shall not exceed: 22days Group A project; 17 days group B projects; 15 days group C project

a) The Reception and check the validity of documents as prescribed, moved to the Department of Planning and Investment solved; 02 day period.
b) Department of Planning and Investment: Receiving application, evaluation and reporting assessment results, transfers to the People's Committee Office; time: A group project 16 days; 12 days group B, group C 10 days .

c) Office of the Provincial People's Committee: Get records, verification procedures, drafting, signing the PPC leadership approval and transfer the results to the Agency to pay to the investor, time: A group of 03 project day project group B, group C 02 days.
d) The receipt and return the results to investors in the Agency; 01 day.

Article 9. Procedures for evaluation and approval of additional investment projects construction.
1. Resolving Agency: Department of Planning and Investment.
2. Order processing time: Total time (working days) no more than: 37 on group A projects; 28 group B, group C 23 days, as follows:
a) The Reception and check the validity of documents as prescribed, moved to the Department of Planning and Investment solved; 02 day.

b) Department of Planning and Investment: Get record, held consultation with agencies involved in investment projects (if any) evaluation, establish the evaluation report, transfers to the Agency Office provincial time: 30-day group A project; group B 22 days; C 18 days group.
The relevant departments are responsible for comments, transfer the results to the Department of Planning and Investment period: group A 12 days; 07 days group B, group C 05 days from the date of receipt of the written application opinion of the Department of Planning and Investment.

c) Office of the Provincial People's Committee: Get records, verification procedures, drafting, signing the PPC leadership approval and transfer the results to the Agency to return to the investor, time: A group of 04 day project, group B 03 days; Group C 02 days.
d) The receipt and return the results to the investors in the Agency; 01 day.

Article 10. Procedures for Evaluation and approval of investment projects of Office Development Assisstance.

1. Resolving Agency: Department of Planning and Investment.
2. Order processing time: Total time (working days) shall not exceed: For the investment program 38 days; for projects with technical support for 15 days, as follows:

a) The Reception and check the validity of documents as prescribed, moved to the Department of Planning and Investment solved; 02 day period.

b) Department of Planning and Investment: Get record, held consultation with agencies involved in investment projects (if any) evaluation and prepare reports accompanying project files transferred to the Office Provincial People’s Commitee, time: investment program 31 days; technical support project 10 days.

The relevant departments are responsible for comments; transfer the results to the Department of Planning and Investment of time: The 12-day project investment, project technical support 07 days from the date of receipt written opinions of the Department of Planning and Investment.

c) Office of the Provincial People's Committee: Get records, verification procedures, drafting, signing the Provincial People's Committee leadership approval and transfer the results to the Agency to pay to the investor; time: The first project 04 days from project technical support 02 days.

d) The receipt and return the results to the investors in the Agency; 01 day.

Article 11. Verification procedures, approval of the settlement of completed projects funded by the State

1. To settle Agency: Department of Finance

2. Order, processing time: the total time shall not exceed: for project group a 04 months, group B 3.5 months, group C 04 months; Project established Buiding economic and technical report 03 months, specific as follows: