Issuance of investment registration certificates for projects being the subject of receiving investment policy decisions

24/12/2018

The order of execution

1. Issue investment registration certificates for projects receiving investment policy decisions of provincial People's Committees, as the following order:

- Step 1: The investor submits the dossier specified in Clause 1, Article 33 of the Investment Law at PAA to transfer to the Department of Planning and Investment where the investment project is intended to be implemented.

- Step 2: The Department of Planning and Investment sends a dossier of appraisal opinions of state agencies related to the contents specified in Clause 3, Article 30 of Decree 118/2015 / ND-CP.

- Step 3: The consulted agency has the opinion of appraising contents under its state management and sending to the investment registration agency.

+ Land administration agency is responsible for providing map extract; the planning management agency provides planning information to serve as a basis for appraisal within 05 working days from the date of receiving the investment registration agency's request.

- Step 4: The Department of Planning and Investment prepares appraisal report and submits it to the provincial People's Committee. Contents of evaluation report include:

+ Information about the project: information on investors, objectives, scale, location, progress of project implementation;

+ Assessing the satisfaction of investment conditions for foreign investors (for projects with investment objectives under conditional investment for foreign investors);

+ Assessing the compatibility of investment projects with the overall socio-economic development planning, branch development planning and land use planning; assess the socio-economic impacts and efficiency of the project;

+ Evaluating investment incentives and conditions for investment incentives (for investment projects eligible for investment incentives);

+ For projects that require the State to allocate or lease land, allow the change of land use purpose: appraise land use needs, conditions for land allocation, land lease and permission to change land use purposes according to the law on land.

+ For projects that do not require the State to allocate land, lease land, allow the change of land use purpose: assess the legal basis of investors' right to use investment locations (assessing investors whether or not to use investment locations in accordance with civil law and land law).

+ Evaluating technology used in investment projects for projects specified at Point b, Clause 1, Article 32 of the Investment Law.

- Step 5: When receiving the dossier and appraisal report, the provincial People's Committee shall decide the investment policy, in case of refusal, it must notify in writing and clearly state the reason. Decision of investment policy sent to the Ministry of Planning and Investment, Department of Planning and Investment and investors.

* For investment projects with investment capital of VND 5,000 billion or more specified in Clause 2, Article 31 of the Investment Law in accordance with the planning already approved by competent authorities outside the IP, EPZ, IPs, EZ, when obtaining appraisal opinions according to Step 2, in addition to obtaining opinions of competent state agencies defined in Clause 3, Article 30 of Decree 118/2015/NĐ-CP, The Department of Planning and Investment sends dossiers of appraisal opinions of the Ministry of Planning and Investment. In Step 5, the provincial People's Committee decides investment policy when receiving appraisal report of the Department of Planning and Investment. Other steps and content follow general procedures.

- Step 6: The Department of Planning and Investment grants the Investment Registration Certificate to the investor when receiving the investment policy decision document.

2. Issue investment registration certificates for projects under the Prime Minister's investment policy decisions, carrying out the following order:

- Step 1: The investor submits the dossier specified in Clause 1, Article 33 of the Investment Law to the Department of Planning and Investment where the plan is intended.

- Step 2: The Department of Planning and Investment sends 02 sets of documents to the Ministry of Planning and Investment and sends documents to competent state agencies related to investment projects to collect opinions on the contents stipulated in Clause 3, Article 30 of Decree No. 118/2015/NĐ-CP.

- Step 3: The agencies are consulted to have appraisal opinions on the contents of their state management to the Department of Planning and Investment and the Ministry of Planning and Investment.

- 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 following contents: (i) Land use demand, land allocation conditions, giving lease land and permit the change of land use purposes according to the provisions of land legislation (for projects assigned land, leased land, permitted to change land use purposes); (ii) Plan for site clearance, relocation and resettlement (if any) for investment projects proposed to allocate land, lease land, allow to change land use purposes; (iii) Other contents under the jurisdiction of the provincial People's Committee (if any).

- Step 5: When receiving the comments of the provincial People's Committee, the Ministry of Planning and Investment shall prepare an evaluation report including:

+ Information about the project: information on investors, objectives, scale, location, progress of project implementation;

+ Assessing the satisfaction of investment conditions for foreign investors (for projects with investment objectives under conditional investment for foreign investors);

+ Assessing the compatibility of investment projects with the overall socio-economic development planning, branch development planning and land use planning; assess the socio-economic impacts and efficiency of the project;

+ Evaluating investment incentives and conditions for investment incentives (for investment projects eligible for investment incentives);

+ For projects that require the State to allocate or lease land, allow the change of land use purpose: appraise land use needs, conditions for land allocation, land lease and permission to change land use purposes according to the law on land.

+ For projects that do not require the State to allocate land, lease land, allow the change of land use purpose: assess the legal basis of investors' right to use investment locations (assessing investors) whether or not to use investment locations in accordance with civil law and land law.

+ Evaluating technology used in investment projects for projects specified at Point b, Clause 1, Article 32 of the Investment Law.

- Step 6: Upon receiving the appraisal report of the Ministry of Planning and Investment, the Prime Minister decides the investment policy (including the contents specified in Clause 8, Article 33 of the Investment Law). The decision on investment policy is sent to the Ministry of Planning and Investment, provincial People's Committee, the Department of Planning and Investment and investors.

- Step 7: The Department of Planning and Investment grants the Investment Registration Certificate to investors when receiving the decision document on investment.

3. Issuing investment registration certificates for projects under the National Assembly's investment policy decision, following the below order:

- Step 1: The investor submits the investment project file to the Department of Planning and Investment where the investment project is implemented.

- Step 2: The Department of Planning and Investment sends investment project documents to the Ministry of Planning and Investment to report to the Prime Minister to establish 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.

- Step 7: The Department of Planning and Investment will grant the Investment Registration Certificate to the investor when receiving the investment policy decision document.

Performance

Directly at PAA

Composition, number of records

1. Issuing investment registration certificates for projects under investment policy decisions of provincial-level People's Committees

- 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, early dates and schedule. investment, 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;

- Explaining 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.

2. Issue investment registration certificates for projects subject to investment policy decisions of the Prime Minister

- 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, location, investment schedule, demand on 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 require 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;

- Explaining 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.

3. Issue investment registration certificates for projects under the investment policy of the National Assembly

- 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 require 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;

- Explaining 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

- 04 sets for projects under the authority to decide investment policies of provincial People's Committees.

- 08 sets for projects under the authority to decide investment policies of the Prime Minister.

- 21 sets for projects under the jurisdiction of the National Assembly's investment policy.

Processing time limit

 

 1. Issue investment registration certificates for projects under the investment policy decisions of the provincial People's Committees

- Total time to settle provincial agencies: 30 days

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

- Within 2.5 working days from the date of receiving the full file of the investment project, the Department of Planning and Investment shall send a dossier to the State agency for appraisal comments.

- Within 11 days from the date of receiving the investment project dossier, the consulted agency has the evaluation opinion.

- Within 18 days from the date of receiving the investment project dossier, the Department of Planning and Investment prepares an appraisal report and submits it to the provincial People's Committee.

- Within 07 working days from the date of receiving the application file and appraisal report, the provincial People's Committee shall decide the investment policy. For investment projects with investment capital of VND 5,000 billion or more specified in Clause 2, Article 31 of the Investment Law in accordance with the planning already approved by competent authorities outside the IP, EPZ, IP, EZ, the provincial People's Committee decides the investment policy within 05 working days from the date of receiving the evaluation report of the Department of Planning and Investment.

- The Department of Planning and Investment grants Investment Registration Certificate to investors within 05 working days from the date of receiving investment decision document.

 

 2. Issue investment registration certificates for projects under investment policy decisions of the Prime Minister

- Total time to settle provincial agencies: 23 days

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

- Within 2.5 working days from the date of receiving the full file of the investment project, the Department of Planning and Investment shall send a document to the State agency for appraisal comments.

- Within 11 days from the date of receiving the dossier for comments, the agency may consult and comment on the contents under the state management scope, send it to the Department of Planning and Investment and the Ministry of Planning and Invest.

- Within 18 days from the date of receiving the investment project dossier, the Department of Planning and Investment submits to the provincial People's Committee for considering and evaluatiing the investment project file and sends it to the Ministry of Planning and Investment Planning and Investment.

- Within 11 days from the date of receiving the comments of the provincial People's Committee, the Ministry of Planning and Investment shall appraise the investment project dossier and make an evaluation report.

- Within 07 working days after receiving the appraisal report of the Ministry of Planning and Investment, the Prime Minister decides the investment policy.

- Department of Planning and Investment grants Investment Registration Certificate to investors within 05 working days from the date of receiving investment decision document.

 

 

3. Issue investment registration certificates for projects under the investment policy of the National Assembly

According to the Program and the National Assembly session. In which, the time in the province includes: Within 0.5 working days after receiving the dossier, PAA will hand over the dossier to the Department of Planning and Investment; 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 establish a State Appraisal Council.

Objects of implementing administrative procedures

- Foreign investors (individuals and organizations);

- Economic organizations;

- Domestic investors (individuals and organizations).

Implementing administrative procedure agency

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

Administrative procedure result

Investment registration certificate (according to form No. II.2 issued together with Circular No. 16/2015 / TT-BKHĐT).

Fee, charge

No

Requirements and conditions for implementing procedures

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

Name of application form, declaration form

* Issue investment registration certificates for projects under the investment policy decisions of provincial People's Committee

Investment projects fall into one of the following cases:

- The project is allocated or leased land by the state without one of the following methods: (i) auction of land use rights, (ii) bidding for selection of investors using land or (iii) receive transfer of land use rights and assets attached to land (not including projects implemented in IPs, EPZs, IPs, EZs in accordance with the planning approved by competent authorities).

- Projects requiring change of land use purpose (Excluding projects implemented in IPs, EPZs, IPs and EZs in accordance with the planning approved by competent authorities).

- Projects using technology to restrict transfer according to the law on technology transfer.

- The project falls under the authority to decide investment policy of the Prime Minister as stipulated in Clause 2, Article 31 of the Law on Investment in accordance with the planning and implemented outside IPs, EPZs, IPs, EZs.

* Issue investment registration certificate for projects under investment policy decision of the Prime Minister

Investment projects fall into the cases specified in Article 31 of the Investment Law, except for projects specified in Clause 2, Article 31 of the Investment Law in accordance with the planning, specifically:

Except for projects falling within the competence of the Prime Minister to decide investment policies according to the law on public investment and projects specified in Article 30 of this Law, the Prime Minister shall decide investment policies for The following projects:

1. The project does not distinguish the source of capital in one of the following cases:

a) Relocation and resettlement of 10,000 people or more in mountainous areas, from 20,000 people or more in other regions;

b) Building and trading in airports; air transport;

c) Building and trading in national seaports;

d) Oil and gas exploration, exploitation and processing;

đ) Betting, casino business activities;

e) Cigarette production;

g) Development of infrastructure of industrial parks, export processing zones and functional zones in economic zones;

h) Construction and trading of golf courses;

2. Projects of foreign investors in the field of shipping business, telecommunications service business with network infrastructure, afforestation, publishing and press, establishment of science and technology organizations, 100% foreign-owned science and technology enterprises;

3. Other projects under the Prime Minister's competence to decide investment policies or investment decisions according to law provisions.

* Issue investment registration certificates for projects under the investment policy of the National Assembly

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. The project greatly affects the environment or has 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.

* To decide investment policy.

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.

Các tin đã đưa ngày: