Time limit for incentive certification and verification of projects for manufacturing of supporting products in Vietnam

According to Article 8 of the Circular No. 55/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, time limit for certification of projects for manufacturing of supporting products on the list of prioritized supporting products is stipulated as follows:

- Within 05 working days, the competent authority shall examine the validity and completion of the application. In case of an incomplete or invalid application, the competent authority shall request the applicant to supplement his/her application in writing.

- For a complete and valid application, within 15 working days, the competent authority shall appraise such application or carry out a site inspection, if necessary. The competent authority shall send a notification of the result of incentive certification to the applicant within 30 working days.

Concurrently, according to Clause 1 Article 9 of the Circular No. 55/2015/TT-BCT, procedures for verification are as follows:

- Inspecting authorities:

+ The Ministry of Industry and Trade shall take charge of and cooperate with relevant Ministries, Departments and agencies to carry out inspections of projects under incentives nationwide

+ The Ministries of Industry and Trade of provinces shall take charge of and cooperate with relevant Ministries, Departments and agencies to inspect projects that benefit from incentives within their provinces

- Methods of inspection: Surprise inspection or periodic inspection, conducted by the Ministry of Industry and Trade or Department of Industry and Trade at requests of the State management authority.

- Scope of inspection

+ Legal documentary inspection;

+ Facility inspection;

+ Inspection of incentives from which the project benefits

+ Project progress inspection;

+ Inspection of supporting products of the project eligible for incentives.

- The inspection shall be made in record. Any violations found shall be reported to the competent authority by the Inspectorate.

Moreover, according to Clause 2 Article 9 of the Circular No. 55/2015/TT-BCT, the certificate of incentives shall be withdrawn and the defaulting entity shall compensate for the granted incentives in the following cases:

- The investor does not report changes in supporting products under incentives to the competent authority;

- After 18 months from the date of incentive certification, there are no supporting products mentioned on the application for incentive certification;

- Any case is petitioned by the inspectorate.

View more details at the Circular No. 55/2015/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from January 01, 2016.

Le Vy

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