Adjust the investment policy decisions of the provincial People's Committees for projects that are not under the issuance of Investment Certificate

16/01/2019

The order of execution

- Step 1: The investor submits the dossier as stipulated in Clause 2, Article 33 of Decree 118/2015 / NĐ-CP at PAA to transfer to the Department of Planning and Investment.

- Step 2: The Department of Planning and Investment sends dossiers to relevant state agencies to get comments on adjusted contents.

- Step 3: The Department of Planning and Investment, agencies are consulted to get comments on the adjusted contents under their management scope.

- Step 4: Upon receiving the opinions of the agency mentioned in Step 3, the Department of Planning and Investment prepares an evaluation report on the contents of the investment project adjustment to submit to the provincial People's Committee;

- Step 5: Upon receiving the appraisal report of the Department of Planning and Investment, the provincial People's Committee decides to adjust the investment policy.

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);

- Explaining or providing 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, 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 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

01 set of records

Processing time limit

- Total time to settle provincial agencies: 23 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 the documents to the relevant state authorities for comments on the adjusted contents.

- Within 05 working days from the date of receiving comments from the relevant agencies, the Department of Planning and Investment prepares a report to appraise the contents of the investment project adjustment to submit to the provincial People's Committee;

- Within 05 working days from the receipt of the appraisal report of the Department of Planning and Investment, the provincial People's Committee decides to adjust the investment policy and sends it to the Department of Planning and Investment.

Objects of implementing administrative procedures

- The Department of Planning and Investment receives applications;

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

- The Prime Minister decides to adjust investment policies for projects under his jurisdiction

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

Document of decision to adjust the investment policy of the provincial People's Committee according to Form II.1 issued together with Circular No. 16/2015 / TT-BKHĐT 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 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 the implementation of 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

- Adjust investment objectives, locations and main technologies;

- Adjust or increase by more than 10% of the total investment capital, change 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 / ND-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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