Decision of investment policy of provincial People's Committee (for projects that are not granted investment registration certificate)

11/02/2019

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 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.

The land administration agency is responsible for providing the map extract; planning management agencies provide planning information as a basis for appraisal.

- Step 4: The Department of Planning and Investment prepares appraisal report and submits it to 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;

+ Evaluation of 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).

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

- Step 5: Upon receiving the dossier and appraisal report, the provincial-level People's Committee shall decide the investment policy, in case of refusal, it must notify in writing and clearly state the reason. The 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, and 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, 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.

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 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.

Number of records

04 sets of records

Processing time limit

Total time to settle provincial agencies: 25 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 complete dossier 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 shall have the evaluation opinion. The land administration agency is responsible for providing the 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.

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

Within 07 working days from the date of receiving the dossier and the evaluation 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.

Objects of implementing administrative procedures

- The Department of Planning and Investment receives dossiers, comments and appraise appraisal reports.

- The provincial People's Committee decides investment policy.

Implementing administrative procedure agency

- Domestic investors (individuals and organizations);

- Foreign-invested economic organizations are not in the following cases:

+ 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

Written decision of 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 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 of domestic investors and foreign-invested economic organizations falling into the case of carrying out investment procedures according to regulations applicable to domestic investors when investing in the establishment of economic organizations; investment in the form of capital contribution, purchase of shares or capital contributions of economic organizations; investment in the form of BCC in 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 of the Prime Minister to decide the investment policy stipulated in Clause 2, Article 31 of the Investment Law in accordance with the planning and implementation outside the IP, EPZ, HTC, EZ.

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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