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Administrative procedure

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Department of Planning and Investment: Adjust the Prime Minister's investment policy decision for projects that are not issued Investment Registration Certificates

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Adjust the Prime Minister's investment policy decision for projects that are not issued Investment Registration Certificates

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The order of execution

- Step 1: The investor submits the dossier specified in Clause 2, Article 33 of Decree No. 118/2015 / NĐ-CP at PAA to transfer to the Department of Planning and Investment. Within 0.5 working days after receiving the dossier, PAA will hand over the dossier to the Department of Planning and Investment.

- Step 2: Within 2.5 working days from the date of handing over the file. The Department of Planning and Investment sends 02 sets of documents to the Ministry of Planning and Investment, and at the same time sends the documents to the relevant competent state agencies for comments on the adjusted contents.

- Step 3: Within 10 working days from the date of receiving the request from the Department of Planning and Investment, the agencies are consulted to get comments on the adjusted contents under their management scope.

- Step 4: Within 15 working days after receiving valid dossiers. The Department of Planning and Investment submits to the provincial People's Committee for consideration and comments to the Ministry of Planning and Investment on the contents stipulated in Clause 5, Article 31 of Decree No. 118/2015/NĐ-CP relating to adjusted content.

- Step 5: Upon receiving the comments of the provincial People's Committee, the Ministry of Planning and Investment shall make a report on appraisal of adjusted contents and submit it to the Prime Minister for decision to adjust the investment policy.

- Step 6: Upon receiving the appraisal report of the Ministry of Planning and Investment, the Prime Minister considers and decides to adjust the investment policy. The decision to adjust the investment policy is sent to the Ministry of Planning and Investment, the provincial People's Committee, the Department of Planning and Investment and investors.

Performance

Directly at PAA

Composition, number of records

- Written request for adjustment of investment project;

- Report on the implementation of investment projects to the time of adjustment;

- Investor's decision on adjustment of investment project (for cases of adjustment of contents specified in Clauses 4, 5, 6, 7, 8 and 10 Article 39 of the Investment Law), specifically:

+ Location of investment project implementation; land area used.

+ Objectives and scale of investment projects.

+ Investment capital of the project (including investors' capital and mobilized capital), capital contribution schedule and mobilization of capital sources.

+ Term of operation of the project.

+ Progress of investment project implementation: progress of capital construction and putting the project into operation (if any); the progress of implementing the project's main objectives and items, in case the project is implemented in each period, it must stipulate the objectives, duration and operation contents of each stage.

+ Conditions for investors implementing the project (if any);

- Explain or provide documents related to the adjustment of the contents specified in Points b, c, d, e, e, g, Clause 1, Article 33 of the Investment Law (if any), specifically:

+ Copy of identity card or passport for individual investors; a copy of the Certificate of Establishment or another equivalent document certifying the legal status of the investor being an organization;

+ Proposing investment projects including the following contents: investors implementing projects, investment objectives, investment scale, investment capital and plans for capital mobilization, locations, investment schedule, demand for labor, proposals for investment incentives, assess the impact and socio-economic efficiency of the project;

+ A copy of one of the following documents: financial statements for the last 2 years of investors; commitment to financial support of the parent company; commitment to financial support of financial institutions; guarantee of financial capacity of investors; Notes on financial capacity of investors;

+ Proposing land use demand; In case that the project does not ask the State to allocate land, lease land, or permit the change of land use purpose, then submit a copy of the agreement on renting the place or other documents certifying that the investor has the right to use the location for real existing investment projects;

+ The explanation on the use of technology for projects specified at Point b, Clause 1, Article 32 of this Law includes the following contents: technology name, technological origin, technological process diagram; Main specifications, usage status of machinery, equipment and main technology lines;

+ BCC contract for investment projects in the form of BCC contract.

Number of records

08 sets of records

Processing time limit

- Total time to settle provincial agencies: 15 days

- Within 0.5 working days after receiving the application file, PAA will hand over the dossier to the Department of Planning and Investment.

- Within 2.5 working days from the date of receiving the handover. The Department of Planning and Investment sends 02 sets of documents to the Ministry of Planning and Investment, and at the same time sends the documents to the relevant competent state agencies for comments on the adjusted contents.

- Within 10 working days from the date of receipt of the proposal from the Department of Planning and Investment, the agencies are consulted for comments on the adjusted contents under their management.

- Within 15 working days from the date of receipt of a valid application file. The Department of Planning and Investment submits to the provincial People's Committee for consideration and comments to the Ministry of Planning and Investment on the contents stipulated in Clause 5, Article 31 of Decree No. 118/2015/NĐ-CP relating to adjusted content.

- Within 11 days from the date of receiving the provincial People's Committee's opinions specified at Point d of this Clause, the Ministry of Planning and Investment shall make a report on appraisal of adjusted contents and submit it to the Prime Minister to decide to adjust investment policy;

- Within 07 working days after receiving the evaluation report of the Ministry of Planning and Investment, the Prime Minister considers and decides to adjust the investment policy. The decision to adjust the investment policy is sent to the Ministry of Planning and Investment, the provincial People's Committee and the Department of Planning and Investment.

Objects of implementing administrative procedures

- Department of Planning and Investment receives applications;

- Provincial People's Committee decides to adjust investment policy for projects under its authority;

- The Prime Minister decides to adjust the investment policy for projects under its authority;

Implementing administrative procedure agency

- Domestic investors (individuals and organizations);

- Foreign-invested economic organizations do not fall into the cases specified at Points a, b and c, Clause 1, Article 23 of the Investment Law:

+ Having a foreign investor holding 51% or more of the charter capital or having a majority of partners being foreign individuals for economic organizations being partnerships;

+ Having an economic organization defined at Point a of this Clause holding 51% or more of its charter capital;

+ Having foreign investors and economic organizations defined at Point a of this Clause holding 51% or more of their charter capital.

Administrative procedure result

Written decision to adjust investment policy (by the provincial People's Committee or the Prime Minister).

Fee, charge

No

Requirements and conditions for implementing procedures

- A written request for adjustment of the investment project (applicable to cases of adjustment of investment policies) according to Form I.6 issued together with Circular No. 16/2015 / TT-BKHĐT.

- Report on implementing investment projects to the time of adjustment according to Form I.8 issued together with Circular No. 16/2015 / TT-BKHĐT.

Name of application form, declaration form

- Adjusting investment objectives, locations and main technologies;

- Adjust or increase by more than 10% of the total investment capital, changing the objectives, scale and capacity of the investment project;

- Adjust the duration of investment projects or change conditions for investors (if any).

This procedure also applies to investment projects subject to approval or decision of investment policy in accordance with the law before the Investment Law takes effect (before July 1, 2015) and has approved by the competent state authority or the investment policy decision before the Investment Law takes effect. Now, the investor adjusts the investment project to change the content of the decision or approval of investment policy (Item 5 Article 63 Decree 118/2016/NĐ-CP).

Legal basis of administrative procedures

- Investment Law No. 67/2014/QH13 dated on November 26, 2014;

- Decree No. 118/2015 /NĐ-CP on November 12, 2015;

- Circular No. 16/2015 / TT-BKHĐT on November 18, 2015.

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2/13/2019

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Content Type: News Item
Created at 3/11/2019 7:33 PM by Do Thi Minh Sao
Last modified at 3/11/2019 7:39 PM by Do Thi Minh Sao