Procedure for application for investment project subject to investment policy of provincial People’s Committee
01. Conditions for application
Except for the projects subject to the authority of provincial people's committees to make the decision on the investment policy in accordance with the law on public investment and the projects subject to investment policy of National Assembly and Prime Minister, provincial people's committees shall make the decision on the investment policy in respect of the following projects:
(a) Projects to which the State allocates or leases out land without auction, tendering or transfer; and projects with a requirement for conversion of the land use purpose;
(b) Projects using technology in the list of technologies the transfer of which is restricted in accordance with the law on technology transfer.
02. Applicable laws
1. Investment Law 2014
2. Decree No. 118/2015/NĐ-CP
3. Circular No. 16/2015/TT-BKHĐT
Step 1: Prepare 04 sets of the following documents, including 01 original one and 03 copy ones
- 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 the project, 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;
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 expected to be located in such areas) (“Management Board”)
Step 3: The DPI/Management Board shall, within a time-limit of 03 working days from the date of receipt of the complete investment project file, forward the file to the State agencies to ask for their opinions on appraisal.
Step 4: The agency which is asked for an opinion shall, within a time-limit of 15 days from the date of receipt of the investment project file, provide its opinion on appraisal of the items under its State management to the investment registration agency.
Step 5: The administrative agency for land shall be responsible to provide extracts of a map; and the administrative agency for zoning shall provide information on zoning in order to provide a basis for appraisal within a time-limit of 05 working days from the date of receipt of the request of the DPI/Management Board
Step 6: The DPI/Management Board shall, within a time-limit of 25 days from the date of receipt of the investment project file, prepare an appraisal report for submission to the provincial people’s committee.
Step 7: The provincial people’s committee shall, within a time-limit of 07 working days from the date of receipt of the file and appraisal report, make a decision on the investment policy or, in the case of refusal, notify in writing and specify the reason therefor.
Step 8: The DPI/Management Board shall, within a time-limit for 05 working days from the date of receipt of the decision on investment policy, grant an Investment Registration Certificate to the investor