- PROCESS CONTENT
- Composition, number of records:
– Record composition:
+ Issuing investment registration certificate for projects subject to Authority of provincial people’s committees
– 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
In case the project does not ask 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 prescribed in article 32.1(b) of this Law, 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 + Issuing investment registration certificate for projects subject to Authority of the Prime Minister of the Government
– 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
In case the project does not ask 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 prescribed in article 32.1(b) of this Law, 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 impacts and solutions for environmental protection;
– Evaluation of impact and socio-economic efficiency of the investment project. + Issuing investment registration certificate for projects subject to Authority of the National Assembly
– 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
In case the project does not ask 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 prescribed in article 32.1(b) of this Law, 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).
– Number of records:
– 04 records for projects subject to Authority of provincial people’s committees
– 08 records for projects subject to Authority of the Prime Minister of the Government
– 21 records for projects subject to Authority of the National Assembly
Processing time limit:
- Issuing investment registration certificate for projects subject to Authority of provincial people’s committees
– Within 03 working days from the date of receipting completely investment project dossier, Department of Planning and Investment sends a dossier for evaluation of the state agency.
– Within 15 days from the date of receipting completely investment project dossier, consulted agencies have appraisal opinions.
– Within 25 days from the date of receipting completely investment project dossier, Department of Planning and Investment prepares an appraisal report and submits it to the provincial People’s Committee.
– Within 07 working days from the date of receipting record and appraisal report, the provincial People’s Committee decide 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, and IPs, The Economic Zone, 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.
– The Department of Planning and Investment issues an Investment Registration Certificate to investors within 05 working days from the date of receiving the investment policy decision document.
- Issuing investment registration certificate for projects subject to Authority of the Prime Minister
– Within 03 working days from the date of receipting completely investment project dossier, Department of Planning and Investment sends dossiers to the Ministry of Planning and Investment and the relevant state agencies for appraisal opinions.
– Within 15 working days from the date of receiving the dossier, the related agencies have appraisal opinions on the contents, and send it to the Department of Planning and Investment and the Ministry of Planning and Investment.
– Within 25 working days from receiving written appraisal comments on investment projects of related state agencies, the Department of Planning and Investment will submit to the provincial People’s Committee for consideration and evaluation of the investment project dossier and send it to the Ministry of Planning and Investment.
– Within 15 working days from receiving appraisal report submitted by the provincial People’s Committee, Ministry of Planning and Investment will evaluate the project and make an evaluation report.
– Within 07 working days from receiving evaluation report submitted by Ministry of Planning and Investment, The Prime Minister decides investment registration certificate.
– Not exceeding 05 working days from receiving approval document from the Prime Minister, Department of Planning and Investment will issue investment registration certificate to the investor.
- Issuing investment registration certificate for projects subject to Authority of the National Assembly
According to the program and session of the National Assembly.
- Fees: none
- Application form, declaration form: Attached
– Written request for investment project implementation according to Form I.1 issued together with Circular No. 16/2015 / TT-BKHĐT;
– Investment projects (for projects subject to investment policy decisions) according to Form I.2 issued together with Circular No. 16/2015 / TT-BKHĐT;
- Requirements and conditions for implementing administrative procedures:
* Issuing investment registration certificate for projects subject to Authority of provincial people’s committees
Investment projects belongs to 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 land-use investors or (iii) receiving 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).
– The project has requires of transfering land use purpose (Excluding projects implemented in IPs, EPZs, IPs and EZs in accordance with the planning approved by competent authorities).
– Projects using limited-transfer technology in accordance with the law on technology transfer.
– The project which investment registration certificate subject to Authority of the Prime Minister stipulated in Clause 2, Article 31 of the Investment Law in accordance with the planning and implementation outside the Industrial Park, EPZ, HTC, EZ.
* Issuing investment registration certificate for projects subject to investment policy decision of the Prime Minister
Investment projects belongs to specified cases in Article 31 of the Investment Law, except for projects specified in Clause 2, Article 31 of the Investment Law in accordance with the planning:
Except projects subject to the authority of the Prime Minister to decide investment policies according to the law on public investment and projects specified in Article 30 of this Law, the Prime Minister shall decide on investment policies for the following projects:
- a) Relocation and resettlement of 10,000 people or more in mountainous areas, from 20,000 people or more in other regions;
- b) Construction and operating of airports and air transport;
- c) Building and operating of national seaports;
- d) Exploration, exploitation and processing of oil and gas;
đ) Business activities of betting, and casino;
- e) Producing cigarettes;
- g) Infrastructure development of industrial parks, export processing zones and functional zones in economic zones;
- h) Construction and operating of golf courses;
- Projects of foreign investors in the field of shipping business, telecommunications services business with network infrastructure, afforestation, publishing, newspapers, establishing scientific and technological organizations, 100% foreign owned science and technology enterprises;
- Other projects subject to the authority of the Prime Minister to decide investment policies or investment decisions according to the provisions of law.
* Issuing investment registration certificate for projects subject to Authority of the National Assembly
Investment registration certificate for projects subject to Authority of the National Assembly are defined in Article 30 of the Investment Law, specifically:
Except projects subject to the authority of the Prime Minister to decide investment policies according to the law on public investment, the National Assembly shall decide on investment policies for the following projects:
- The project greatly affects the environment or has the potential to seriously affect the environment, including:
- a) Nuclear power plant;
- b) Changing the land use purpose of national parks, nature conservation zones, landscape protection zones, forests for scientific research and experiment, from 50 hectares or more; watershed protection forest from 50 hectares or more; protective forests that block wind, sand, wave, encroach on the sea, protect the environment from 500 hectares or more; production forests of 1,000 hectares or more;
- Use of land that requires changing the purpose of using rice land from two or more crops with the scale of 500 hectares or more;
- Relocation and resettlement of 20,000 people or more in mountainous areas, from 50,000 people or more in other regions;
- The project requires special mechanisms and policies that need to be decided by the National Assembly.
* Deciding investment policy.
- Legal basis of administrative procedures:
– Investment Law No. 67/2014 / QH13 dated November 26, 2014;
– Decree No. 118/2015 / ND-CP dated November 12, 2015.
– Circular No. 16/2015 / TT-BKHDT dated November 18, 2015.
- Processing procedure:
| Order | Sequence * | Responsibility | Time (working day) |
| 1. | Receive dossiers, review, record receipts or appointment cards | Division of Receive and Return the results | 0.5 |
| 2. | Check the documents, send the official dispatch for comments of relevant ministries, and departments. | Specialized divisions | 2.5 |
| 3. | Collect and synthesize appraisal opinions | Specialized divisions | >=30 (depending on the authority to decide investment policy) |
| 4. | After synthesizing appraisal opinions:
– In case of refusal, write the Official Dispatch stating the reason. – In case of Approving, compose the Statement and Drafting the Decision on investment policy |
Specialized divisions | 1.0 |
| 5. | Signing the replying document or the Statement and Investment Registration Certificate. | Department Leader | 0.5 |
| 6. | Return results | Division of Receive and Return the results | 0.5 |
* These steps may increase or decrease depending on the characteristics of each administrative procedure but make sure the total time is not exceeding the law. Time unit is working day, equal to 8 working hours.
* Some administrative procedures are resolved within a day or less than 2 days; or handled by 1 person, 1 group of people in the same room or unit, it is not necessary to use the process tracking card.
* Some administrative procedures prescribed only to receive but not to return results are not necessary to use the process tracking card.
* These steps can be controlled through computer software.
- FORM
- Sample of Receipt of application file/ delivery book/ appointment card (or book)
- Sample of the process tracking card;
- Sample of Statistics table of results of administrative procedures implementation
- See section 5 above.
- ARCHIVED RECORD
| Order | Record | Place | Time |
| 1 | Receipt of application | Division of Receive and Return the results | 1 year |
| 2 | Process tracking card | Foreign economic Relations | Permanent |
| 3 | Records set according to Section 5.a | Foreign economic Relations | Permanent |
| 4 | Investment registration certificate | Foreign economic Relations | Permanent |
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