Transfer investment projects subject under the decision of investment policy of the Prime Minister

06/12/2018

 

The order of execution

- Step 1: Investors transferring investment projects shall submit dossiers according to the provisions at Point a, Clause 2, Article 37 of Decree No. 118/2015 / NĐ-CP at PAA to transfer them to the Department of Planning and Investment Services.

- Step 2: The Department of Planning and Investment sends dossiers to competent state agencies to obtain appraisal opinions on investment project transfer conditions prescribed in Clause 1, Article 45 of the Investment Law.

- Step 3: Agencies receiving dossiers have comments on transfering conditions under their management.

- Step 4: 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 specified at Points c and d, Clause 1, Article 45 of the Investment Law (if have).

- Step 5: When receiving the comments of the provincial People's Committee, the Ministry of Planning and Investment shall prepare an appraisal report on the conditions for transferring investment projects in accordance with the provisions of Clause 1, Article 45 of the Investment Law.

- Step 6: When receiving the appraisal report of the Ministry of Planning and Investment, the Prime Minister considers and decides to adjust the investment policy.

- Step 7:

+ For projects which are not granted investment registration certificates: documents on decisions to adjust investment policies shall be sent to investors.

+ For projects granted Investment Registration Certificates: when receiving a written decision on adjustment of investment policy, the Department of Planning and Investment shall amend the Investment Registration Certificate for the investor receiving the transfer investment projects.

Performance

Directly at Public Administration Agency (PAA) 

Composition, number of records

- Written request for adjustment of investment project.

- Report on the implementation of investment projects by the time of investment project transfer.

- Contract of transferring investment projects or other documents of equivalent legal validity.

- Copy of identity card or passport for investors being individuals, copies of business registration certificates or other documents of equivalent legal validity for investors being groups of transferor investors.

- Copy of Investment Registration Certificate or written decision of investment policy (if any).

- Copy of BCC for investment project in the form of BCC contract.

- A copy of one of the following documents of the investor receiving the investment project: financial statement for the last 2 years of the investor, commitment to financial support of the parent company, commitment to financial assistance of financial institutions, guarantee of financial capacity of investors, financial capacity disclosures of investors.

Number of records

8 sets of records

Processing time limit

-The total time to settle provincial agencies: 18 days for projects without granting investment certificate (IPC), 23 days for projects without IPC

- 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 dossier, the Department of Planning and Investment shall send the application file to the competent state agency to have evaluation of conditions on transferring the project.

- Within 10 working days from the date of receiving the request from the Department of Planning and Investment, agencies receiving dossiers have comments on the transfer conditions under their management.

- Within 18 working days from the date of receipt of a valid dossier as prescribed, the Department of Planning and Investment shall submit to the provincial People's Committee for consideration and comments to the Ministry of Planning and Investment (if any).

- Within 10 working days from the date of receiving comments from the provincial People's Committee, the Ministry of Planning and Investment shall prepare an evaluation report on the conditions for transferring investment projects.

- 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.

- For projects granted IPC: Within 05 working days from the date of receiving the written decision to adjust investment policies, the Department of Planning and Investment adjusts the Certificate of Registration for investors to receive investment projects.

Objects of implementing administrative procedures

Investor (individual and organization)

Implementing administrative procedure agency

The Department of Planning and Investment where the investment project is implemented

Administrative procedure result

- Investment registration certificate for investment projects operating under the Investment Registration Certificate (change of investors) according to Form II.2 issued together with Circular No. 16/2015 / TT-BKHĐT.

- Adjustment of investment policy decision of the Prime Minister and provincial People's Committee for projects that are not granted investment registration certificates.

Fee, charge

No

Requirements and conditions for implementing procedures

- Meet the conditions for transferring investment projects in accordance with Article 45 of the Investment Law, specifically:

1. Investors have the right to transfer all or part of investment projects to other investors when meeting the following conditions:

a) Not falling into one of the cases of operation termination according to the provisions of Clause 1, Article 48 of this Law;

b) Satisfying investment conditions applicable to foreign investors in case foreign investors receive project transfer in conditional investment lines and trades applicable to foreign investors;

c) Complying with the conditions prescribed by the law on land and real estate business in case of transfer of projects associated with transfer of land use rights;

d) Conditions specified in the Investment Registration Certificate or other relevant laws (if any).

2. In case of transferring projects being the subject to investment registration certificate granting, investors shall submit dossiers according to the provisions of Clause 1, Article 33 of this Law, together with contracts on transfer of investment projects to adjust investors in project implementation.

- This procedure also applies to investment projects operating under investment licenses, investment certificates or papers of equivalent legal validity. In this case, the Department of Planning and Investment shall issue an Investment Registration Certificate in place of the contents of the investment project stipulated in the Investment License, Investment Certificate or a paper of equivalent legal validity.

Name of application form, declaration form

- 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.

- Request for adjustment of investment project (applicable to adjustment of projects not subject to investment policy decision) in accordance with Form I.7 issued with Circular No. 16/2015 / TT-BKHĐT.

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

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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