Procedure for temporary suspension of operation of investment project
01. Conditions for application
1. An investor which temporarily suspends the operation of its investment project must notify in writing the investment registration agency.
2. The State administrative agency for investment shall make a decision suspending all or part of the operation of an investment project in the following circumstances:
(a) To protect monuments, heritage, antiques or national precious objects in accordance with the Law on Cultural Heritage;
(b) To remedy an environmental offence upon request of the State administrative agency for environment;
(c) To take measures to ensure labour safety upon request of the State administrative agency for labour;
(d) Under the decision or judgement of a court or arbitration body; or
(dd) The investor fails to correctly implement the content of the IRC and has been dealt with for an administrative offence but continues to commit the offence.
3. The Prime Minister of the Government shall make a decision suspending all or part of the operation of an investment project in the case where the implementation of the investment project is at risk of
affecting the national security upon request of the Ministry of Planning and Investment.
02. Applicable laws
1. Investment Law 2014
2. Decree No. 118/2015/ND-CP
3. Circular No. 16/2015/TT-BKHDT
Step 1: Prepare a written notification on temporary suspension of operation of investment project
Step 2: Submit the notification to
1. Province-level Department of Planning and Investment (“DPI”); or
2. Management Board of industrial park, processing zone or high-tech park (“Management Board”) (if the investment project is located within these areas)
Step 3: The DPI or the Management Board shall conduct appraisal on the file within 05 working days and grant a written certificate of temporary suspension of operation of the investment project