Decision of investment policy of the Prime Minister (for projects that are not issuedinvestment registration certificate)

The order of execution

- 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.

- 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 evaluation 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, Department of Planning and Investment and investors.

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, 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;

- 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.

- Evaluation of socio-economic impacts and efficiency of investment projects.

Number of records

08 sets of records

Processing time limit

- Total time to settle provincial agencies: 18 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 receipt of the full file of the investment project, the Department of Planning and Investment sends the file to the Ministry of Planning and Investment and submits the dossier to the related state agency.

- 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 consideration and evaluation of 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.

Objects of implementing administrative procedures

- The Department of Planning and Investment receives dossiers and comments from the ministries, branches and other relevant agencies;

- Ministry of Planning and Investment organizes appraisal;

- Prime Minister decides investment policy.

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

The Prime Minister's decision on investment policy or the written notice of refusal to decide investment policy (clearly stating the reason).

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 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) Business activities of betting, casino;

e) Producing cigarettes;

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.

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.