1. Stop investment project activities if there is a risk of harming national security?

According to the provisions of Article 47 of the Investment Law 2020, the Government has decided to suspend part of the investment project, in response to a proposal from the Ministry of Planning and Investment, to ensure that the implementation of the project does not affect the investment project. affects or threatens to affect national defense and security. This decision aims to protect the country's common interests and at the same time ensure that investment activities do not create risks to national safety and security.

The Government has set detailed instructions on the conditions, order, procedures, and deadlines related to the decommissioning of investment projects, according to the regulations stated in this article. These guidelines are established to ensure transparency, fairness and efficiency in the management and supervision of investment activities, facilitating compliance and strict implementation of regulations that the Government has established. suggest. This is aimed at optimizing resource management and ensuring that investment projects not only contribute to economic development but also comply with safety, environmental, and social principles and standards.

2. Downtime of investment projects that pose a risk of harming national security

According to the provisions of Article 56 of Decree 31/2021/ND-CP, the decision to stop the operation of an investment project will be made in the situations described in detail in clauses 1, 2, and 3 of this Law. Article 47 of the Investment Law. These clauses not only clearly specify the reasons for discontinuance but also identify the specific criteria and conditions involved. This is to ensure that the decision-making and decommissioning process is transparent, fair and in compliance with legal regulations, while optimizing risk management and protecting interests. community and nation.

Regulations on downtime of investment projects are set with a number of specific conditions. Accordingly, the total downtime of the project must not exceed 12 months. However, in cases where the project is stopped according to a judgment, court decision, arbitration award or decision of a state management agency on investment, the shutdown period will be determined. determined in detail and specifically according to the content of those legal documents.

If in these decision documents there is no clarity on the duration of shutdown, specific provisions on the total duration of shutdown will apply. The goal of this regulation is to keep the decommissioning process transparent, fair, and in compliance with the law. At the same time, it also emphasizes flexibility in managing and minimizing risk, putting in place flexible adjustment mechanisms to ensure that the decommissioning process responds effectively to any specific situation. effective and appropriate.

Therefore, the downtime of investment projects will be regulated for a total of up to 12 months, especially when there are potential risks related to national defense and security during project implementation. . This is a flexible management measure to ensure the safety and security of the country, as well as keep the shutdown process effective and controlled.

This regulation is not only a measure to prevent potential risks but also an opportunity to review and reassess every aspect of the project, from scale to objectives, to ensure that investment is not only supports economic development but also complies with all national security rules and regulations. At the same time, flexibility during shutdowns also facilitates sound and responsible decision-making, helping to protect public and national interests in any exceptional situation.

3. Procedures for stopping investment projects that pose a risk of harming national security

The process of decommissioning an investment project is carried out according to the following specific steps:

- In case of self-decision to stop operations as prescribed in Clause 1 of Article 47 of the Investment Law, the investor will send a notice to the Investment Registration Authority within a period of 05 working days, starting starting from the date of decision to stop. This notice will contain important information regarding the decision to cease operations and other necessary details.

In the next step, the Investment Registration Authority will receive the notice and notify the case of stopping the investment project to relevant agencies. This process is intended to ensure transparency and alignment with management units, while also facilitating monitoring and evaluation by relevant authorities regarding the project's decommissioning process. This not only demonstrates investor compliance and responsibility but also helps ensure that all processes run smoothly and accurately according to regulations.

- In case the state management agency in charge of investment makes a decision to stop the operation of an investment project, this process will be based on careful consideration and will be based on the opinions of the agencies. competent state, according to the provisions of Clause 2 of Article 47 of the Investment Law. This decision may involve stopping all or part of the investment project's operations, with the main objective of protecting national and community interests.

This decision-making process not only solicits opinions from relevant agencies but also places transparency and accuracy in the decision-making process. After the decision is formed, the state investment management agency will immediately notify relevant agencies and investors. This helps create effective communication and alignment, and opens up opportunities for dialogue and resolution of issues that may arise from the decision to decommission the project.

State management agencies in charge of investment or competent agencies in the fields specified in Points a, b, c and dd, Clause 2 of Article 47 of the Investment Law, before making decisions on cessation or partial cessation of investment project activities, a record will be made. This process is not only an important step in the decision process but also a step of transparency and specific consideration with the participation of relevant experts and agencies.

In case of cessation of operation of an investment project according to a judgment, court decision, or arbitration award, the state management agency in charge of investment will rely on the content of the effective judgment or decision. The legal force of a court, or the legally effective award of an arbitrator to make a decision to stop all or part of the operation of an investment project. This emphasizes accuracy, fairness and compliance with due process in all decisions related to project decommissioning.

- In case an investment project has potential risks that affect or threatens to affect national defense and security, the notification and decision-making process is carried out in a systematic and systematic manner. with the participation of important political bodies. The Provincial People's Committee will proactively notify this incident in writing to the Ministry of Planning and Investment.

Based on the request of the Provincial People's Committee, the Ministry of Planning and Investment will conduct dialogue and get opinions from the Ministry of National Defense and the Ministry of Public Security. This process aims to create consensus and in-depth understanding on issues related to national security and defense. After that, the Ministry of Planning and Investment will present all documents and consensus opinions to the Prime Minister, to support the final decision to stop all or part of the investment project's activities. . This is not only a decisive process but also an important step to ensure transparency, fairness and justice in facing challenges related to national defense and security.

This announcement includes a series of important information to comprehensively describe the investment project being implemented. Investors will provide information about themselves and the organization implementing the project, including name and contact information. The project's objectives, implementation location, and detailed project content will also be described in detail and transparently. The project implementation process will be described to provide an overview of the specific steps and phases of the project.

Assessment of the project's impact or risk of impact on national defense and security will be presented in detail and in-depth. Aspects related to security and defense will be analyzed and evaluated in a comprehensive manner, and recommendations to stop all or part of the investment project's activities will be justified by arguments. Reasonable and appropriate data. Thereby, this communication is not just a narrative but also a detailed and logical document, helping to create deep understanding and consensus from stakeholders for all aspects of the project. .