Skip Ribbon Commands
Skip to main content

Administrative procedure

:

Department of Planning and Investment: Decision on investment policy of the National Assembly (for investment projects that are not granted investment registration certificate)

Title

Decision on investment policy of the National Assembly (for investment projects that are not granted investment registration certificate)

DescriptionNews

ImageNews

 

ContentNews

The order of execution

- Step 1: The investor submits the investment project file at PAA. Within 0.5 working days after receiving the dossier, PAA will hand over the dossier to the Department of Planning and Investment where the investment project is implemented.

- Step 2: Within 2.5 working days from the date of receiving the document, the Department of Planning and Investment sends the investment project file to the Ministry of Planning and Investment to report to the Prime Minister to set up a State Appraisal Council.

- Step 3: The State Appraisal Council organizes the appraisal of the investment project dossier and prepares an appraisal report, including the contents specified in Clause 6, Article 33 of the Investment Law, and elaborates the evaluation report to submit to the Government.

- Step 4: The Government sends the dossier of investment policy decision to the agency in charge of verification of the National Assembly. The dossier of investment policy decision includes: Report of the Government; Investment project documents as stipulated in Clause 1, Article 35 of the Law on Investment; Appraisal report of the State Appraisal Council; Other related documents.

- Step 5: The agency assigned by the National Assembly to conduct the verification shall verify the following contents: Satisfying the criteria for determining projects under the jurisdiction of the National Assembly's investment policy; The need to implement the project; The appropriateness of the project with the strategy, overall planning of socio-economic development, branch and field development planning, land and other resource use planning; Objectives, scale, location, time, progress of project implementation, land use needs, plans for site clearance, migration, resettlement, main technology options, protection solutions environmental protection; Investment capital, capital mobilization plans; Impact and socio-economic efficiency; Specific mechanisms and policies; investment incentives and support and conditions for application (if any).

- Step 6: The National Assembly considers and approves a Resolution on investment policy with the following contents: Investors implementing the project; Name, objectives, scale, investment capital of the project, schedule of capital contribution and mobilization of capital sources and project implementation duration; Location of investment project implementation; Progress of investment project implementation: construction progress 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 specify the objectives, duration and contents of operation of each stage; Technology applied; Specific mechanisms and policies; investment incentives and support and conditions for application (if any) and the validity term of the Resolution on investment policies.

Performance

Directly at PAA

Composition, number of records

- Written request for investment project implementation;

- 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 on 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 the demand for land use for projects that require the State to allocate land, lease land, permit the change of land use purposes;

In case that the project does not ask the State to allocate land, lease land or permit the change of land use purpose, the investor shall submit a copy of the location lease agreement or other documents certifying the investor has the right to use the land points to implement investment projects;

- Explanation on the use of technology for projects specified at Point b, Clause 1, Article 32 of the Investment Law, including 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;

- Plan for site clearance, migration and resettlement (if any);

- Preliminary assessment of environmental impacts, environmental protection solutions;

- Assessing the impact and socio-economic efficiency of the project;

- Proposing specific mechanisms and policies (if any).

Number of records

21 sets of records

Processing time limit

Total time to settle provincial agencies: 03 days

According to the Program and the National Assembly session

Objects of implementing administrative procedures

Department of Planning and Investment receives applications;

 

The Ministry of Planning and Investment submits to the Prime Minister to establish a State Appraisal Council; 

The State Appraisal Council organizes appraisal; 

The National Assembly reviews and approves a Resolution on investment policy.

Implementing administrative procedure agency

- Domestic investors (individuals and organizations);

- Foreign-invested economic organizations are not under 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

Resolution of the National Assembly on investment policy.

Fee, charge

No

Requirements and conditions for implementing procedures

- A written request for implementation of an investment project according to Form I.1 issued together with Circular No. 16/2015 / TT-BKHĐT;

- Proposal for investment project according to Form I.2 issued together with Circular No. 16/2015 / TT-BKHĐT.

Name of application form, declaration form

Investment projects under the jurisdiction of the National Assembly's investment policy, are defined in Article 30 of the Investment Law, specifically:

Except for projects under the jurisdiction of the National Assembly's investment policy under the law on public investment, the National Assembly decides investment policies for the following investment projects:

1. Projects greatly affect the environment or have the potential to seriously affect the environment, including:

a) Nuclear power plant;

b) Changing the land use purpose of national parks, nature conservation zones, landscape protection zones, scientific research and experimental forests from 50 hectares or more; watershed protection forest from 50 hectares or more; protective forests that block wind, sand, break waves, encroach on sea and protect the environment from 500 hectares or more; production forests of 1,000 hectares or more;

2. Using land with the requirement to change the use purpose of wet rice land from two or more crops with a scale of 500 hectares or more;

3. Migration and resettlement of 20,000 people or more in mountainous areas, from 50,000 people or more in other regions;

4. Projects that require special mechanisms and policies should be decided by the National Assembly.

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.

AuthorNews

 

CreatedDate

2/20/2019

EventNews

 

SourceNews

 

FocusNews

No

DanhMucTinTuc

 

OldID

 

ShowDescription

No

ShowImage

No

ExpireDate

 
Approval Status Approved
 

Attachments

Content Type: News Item
Created at 3/11/2019 7:35 PM by Do Thi Minh Sao
Last modified at 3/11/2019 7:39 PM by Do Thi Minh Sao