Procedure for application for investment project subject to investment policy of National Assembly
01. Conditions for application
Except for the projects subject to the authority of the National Assembly to make the decision on the investment policy in accordance with the law on public investment, the National Assembly shall make the
decision on the investment policy in respect of the following projects:
1. Projects with a great effect on the environment or with a potentially serious effect on the environment, including:
(a) Nuclear power plants;
(b) Conversion of the land use purpose of a national park, natural conservation zone, landscape protection zone, forest for scientific research or experiment of 50 hectares or more; upstream protective forest of 50 hectares or more; protective forest as windbreaker, shelter from flying sand or breakwater or for reclamation from the sea or for environmental protection with an area of 500 hectares or more; and forests for production with an area of 1,000 hectares or more;
2. Land use with a requirement for conversion of the land use purpose for wet rice cultivation on two harvests in an area of 500 hectares or more;
3. Relocation and resettlement of 20,000 people or more in mountainous areas or 50,000 people or more in other areas;
4. Projects which require application of a special mechanism or policy which should be decided by the National Assembly.
02. Applicable laws
1. Investment Law 2014
2. Decree No. 118/2015/NĐ-CP
3. Decree 131/2015/NĐ-CP
4. Circular No. 16/2015/TT-BKHĐT
Step 1: Chuẩn bị 21 bộ hồ sơ (01 bộ bản chính và 20 bộ bản sao)
- Written application for implementation of the investment project;
- Copy of the people’s identity card, ID card or passport in the case of investors being an individual; copy of the incorporation certificate or other equivalent document certifying the legal status in the case of investors being an organization;
- Proposal for the investment project comprising the following items: investors implementing theproject, investment objectives, investment scale, investment capital and method of raising capital, location, duration, investment schedule, need for labour, proposal for investment incentives, assessment of impact and socio-economic efficiency of the project;
- Copy of any one of the following documents: financial statements for the last two years of the investor; undertaking of the parent company to provide financial support; undertaking of a financial institution(s) to provide financial support; guarantee for the financial capability of the investor; or a document proving the financial capability of the investor;
- Proposal for a need for land use; where the project does not require the State to allocate or lease out land or to permit conversion of the land use purpose, a copy of the site lease agreement or other document certifying that the investor has the right to use the site for implementation of the investment project shall be submitted;
- Explanatory statement on technology to be used in respect of the projects, including the following items: name of technology, origin of technology, diagram of technological process; main technical specifications, condition of machinery, equipment and main technological line to be used;
- BCC contract in the case of investment projects in the form of a BCC contract.
- Plan for site clearance, relocation and settlement (if any);
- Preliminary evaluation of environmental impact and solutions for environmental protection;
- Evaluation of impact and socio-economic efficiency of the project.
- Proposal for a special mechanism or policy (if any).
Step 2: Submit the file to
1. Department of Planning and Investment (“DPI”); or
2. Management Board of industrial park, processing zone, or high-tech park (if the investement project is located in such areas) (“Management Board”)
Step 3: The DPI/Management Board shall, within 03 working days from the date of receipt valid files, forward 20 files to Ministry of Planning and Investment (“MPI”)
Step 4: The MPI shall, within 05 working days from the date of receipt valid files, report the Prime Minister to establish a state appraisal council.
Step 5: The state appraisal council shall, within 90 days from the date of decision on its establishment, conduct appraisal on the investment project
Step 6: The state appraisal council shall submit the Government a report on the appraisal together with relevant documents
Step 7: The Government provides its opinions on the investment project
Step 8: The Government submit a report on investment policy to the National Assembly to ask for its opinions
Step 9: The National Assembly shall provide its opinions and issue a resolution on investment policy
Step 10: The DPI/Management Board shall, within 05 working days from the date of receipt of the resolution on investment policy of the National Assembly, grant a Investment Registration Certificate to the investor.