1. PROCEDURES FOR GRANT AND APPROVAL OF INVESTORS
a) Order of Execution:
Case 1: The sole investor registered to participate in the auction or proposed the implementation of an investment project after organizing the auction at least 02 times but failing to meet the requirements set forth in Point a, Clause 3, Article 29 of Decree No. 31/2021/ND-CP shall be considered for approval according to the following procedures:
- Step 1: Investors shall prepare and submit proposal applications for approval of investors to the Department of Planning and Investment in the location where the investment project shall be implemented;
- Step 2: The Department of Planning and Investment shall send the dossier to the appropriate competent state authorities for opinions on meeting the requirements set forth in Points b, c, and d, Clause 4, Article 33 of the Law on Investment. In the case of the projects with investment policies that have been approved by the National Assembly and the Prime Minister, the Department of Planning and Investment shall concurrently transmit the dossier to the Ministry of Planning and Investment for opinions;
- Step 3: The consulted authorities shall provide feedback on the content under their state administration and forward it to the Department of Planning and Investment;
- Step 4: The Department of Planning and Investment shall make an appraisal report including the contents as set forth in Points b, c and d, Clause 4, Article 33 of the Law on Investment, and submit them to the provincial - level People’s Committees;
- Step 5: The provincial- level People’s Committees shall approve the investors and send the Decision on approval of investors to the Ministry of Planning and Investment (for projects with investment policies approved by the National Assembly and the Prime Minister for investment policy); auction organizations; Department of Planning and Investment and investors.
Case 2: Investors who meet the requirements as set forth in Point b, Clause 3, Article 29 of Decree No. 31/2021/ND-CP are evaluated for approval according to the processes outlined below:
- Step 1: Investors shall prepare and submit applications for approval of investors to the Department of Planning and Investment in the location where the investment project shall be implemented;
- Step 2: The Department of Planning and Investment shall send a preliminary capacity and experience assessment report and the dossier to the appropriate competent state authorities for opinions on meeting the requirements as set forth in Points b, c, and d, Clause 4, Article 33 of the Law on Investment. For projects with investment policies that have been approved by the National Assembly and the Prime Minister, the Department of Planning and Investment shall concurrently transmit the dossier to the Ministry of Planning and Investment for opinions;
- Step 3: The consulted authorities shall provide feedback on the content under their state administration and forward it to the Department of Planning and Investment;
- Step 4: The Department of Planning and Investment shall make an appraisal report including the contents as set forth in Points b, c and d, Clause 4, Article 33 of the Law on Investment, and submit them to the provincial- level People’s Committees;
- Step 5: The provincial- level People’s Committees shall approve the investors and send the Decision on approval of investors to the Ministry of Planning and Investment (for projects with investment policies approved by the National Assembly and the Prime Minister for investment policy); auction organizations; Department of Planning and Investment and investors.
b) Manner of execution:
- Submit online at the website: https://dichvucong.lamdong.gov.vn/.
- Directly submit at the headquarters of state administrative agencies.
- Submit via the public postal service.
c) The composition of the dossiers required includes:
- A written request for approval of investors;
- Documents on the legality of investors;
- Documents proving the financial capability of the investor including at least one of the following documents: financial statements for the last 02 years of the investor; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of investor’s financial capacity, other documents describing the investor’s financial capacity;
- Explanations on technologies use in investment projects for projects subject to appraisal and consultation on technologies under the law on technology transfer;
- BCC contract in the case of investment projects on the basis of a BCC contract;
- Other documents relating to the investment project, and requirements on the eligibility and capability of the investor in accordance with law (if any).
d) Number of dossiers: 04 sets of documents
đ) Timeline for settlement:
- Within 03 working days from the submission date if the application is valid, the Department of Planning and Investment shall send the dossier to the appropriate competent state authorities for opinions in the case of approval of investors as prescribed in case 1 or send a preliminary capacity and experience assessment report and the dossier to the appropriate competent state authorities for opinions on meeting the requirements as set forth in Points b, c, and d, Clause 4, Article 33 of the Law on Investment in the case of approval of investors as prescribed in case 2.
- Within 15 days from the date of receiving the proposal of the Department of Planning and Investment, the consulted authorities shall provide feedback on the content under their state administration and forward it to the Department of Planning and Investment;
- Within 25 days from the submission date if the application is valid, the Department of Planning and Investment shall make an appraisal report to submit to the provincial-level People’s Committee;
- Within 07 working days from the date of receiving the documents and appraisal report, the provincial-level People’s Committee shall approve the investor.
e) Implementing agency:
- The Department of Planning and Investment shall receive the documents, collect opinions, and organize performance appraisals;
- The provincial - level People’s Committee shall approve the investor.
g) Objects carrying out administrative procedures:
- Investors;
h) Results of administrative procedures:
Decision on approval of investors under Form A.II.5 issued together with the Circular No. 03/2021/TT-BKHDT.
i) Fees: Not applicable
k) Types of Application Forms and Declaration Forms:
The written request for approval of investors according to Form A.I.5 issued together with Circular No. 03/2021/TT-BKHDT.
l) Requirements and conditions for carrying out procedures:
The sole investor registered to participate in the auction or proposed the implementation of an investment project after organizing the auction at least 02 times but failing to meet the requirements as set forth in Point a, Clause 3, Article 29 of Decree No. 31/2021/ND-CP or the investors meet the requirements set forth in Point b, Clause 3, Article 29 of Decree No. 31/2021/ND-CP.
m) Legal basis of the administrative procedures:
- Law on Investment No. 61/2020/QH14 dated June 17, 2020;
Decree No. 31/2021/ND-CP dated March 26, 2021;
Circular No. 03/2021/ TT-BKHDT dated April 09, 2021.
2. PROCEDURES FOR ADJUSTING THE INVESTOR APPROVAL
(Clause 8, Article 48 of the Decree No. 31/2021/ND-CP)
a) Order of Execution:
- Step 1: Investors shall transfer the submitted project according to the regulations set forth in Clause 5, Article 48 of Decree No. 31/2021/ND-CP to the Department of Planning and Investment, in which the written adjustment proposal of the investment project shall be replaced by the written request for approval of the investor adjustment;
- Step 2: The Department of Planning and Investment shall send the dossier to the appropriate competent state authorities for opinions on meeting the requirements as set forth in Points b, c, and d, Clause 4, Article 33 of the Law on Investment;
- Step 3: The consulted authorities shall provide feedback on the content under their state administration and forward it to the Department of Planning and Investment;
- Step 4: The Department of Planning and Investment shall make an appraisal report including the contents as set forth in Points b, c and d, Clause 4, Article 33 of the Law on Investment, and submit them to the provincial - level People’s Committees;
- Step 5: The provincial- level People’s Committees shall approve the investor adjustment.
b) Manner of execution:
- Submit online at the website: https://dichvucong.lamdong.gov.vn/.
- Directly submit at the headquarters of state administrative agencies.
- Submit via the public postal service.
c) The composition of the dossiers required includes:
- A written request for investor adjustment;
- A report on the implementation of investment projects up to the time of adjustment;
- Contracts or principle contracts on transferring the whole or part of an investment project;
- A copy of the document on the legal status of the investor transferring and receiving the transfer;
- A copy of the Certificate of investment registration; Decision approving the investment policy; Decision on investor approval (if any);
- A copy of the BCC Contract (in the case of investment projects on the basis of a BCC contract);
- BCC contract - Other documents relating to the investment project, and requirements on the eligibility and capability of the investor in accordance with law (if any).
- A copy of one of the following documents of the investor receiving the investment project: financial statements for the last 02 years or equity audit report of the investor, commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of investor’s financial capacity, other documents describing the investor’s financial capacity;
d) Number of dossiers: 04 sets of documents
đ) Timeline for settlement:
- Within 03 working days from the submission date if the application is valid, the Department of Planning and Investment shall send the dossier to the appropriate same level competent state authorities for opinions on meeting the requirements as set forth in Points b, c, and d, Clause 4, Article 33 of the Law on Investment.
- Within 15 days from the date of receiving the valid application, the consulted authorities shall provide feedback on the content under their state administration and forward it to the Department of Planning and Investment;
- Within 25 days from the submission date if the application is valid, the Department of Planning and Investment shall make an appraisal report including the contents as set forth in Points b, c and d, Clause 4, Article 33 of the Law on Investment to submit to the provincial-level People’s Committee;
- Within 07 working days from the date of receiving the documents and appraisal report, the provincial-level People’s Committee shall approve the investor adjustment.
e) Implementing agency:
- The Department of Planning and Investment shall receive the documents, collect opinions of appraisal, and make the appraisal report;
- The provincial-level People’s Committee shall approve the investor adjustment.
g) Objects carrying out administrative procedures:
- Investors;
h) Results of administrative procedures:
Decision on approval of investor adjustment under Form A.II.6 issued together with the Circular No. 03/2021/TT-BKHDT.
i) Fees: Not applicable
k) Types of Application Forms and Declaration Forms:
- The written request for approval of investor adjustment (In the event that the project transfer has no effect on the content of the investment policy approval) according to Form A.I.11.b issued together with Circular No. 03/2021/TT-BKHDT.
- A report on the implementation of investment projects up to the time of adjustment according to Form A.I.12 issued together with Circular No. 03/2021/TT-BKHDT.
l) Requirements and conditions for carrying out procedures:
- Investment projects approved by the Provincial-level People’s Committee;
- Ability to fulfill the conditions for land allocation or land lease if land allocation or land lease is not accomplished through auction of land use rights or investor selection bidding; ability to meet the conditions for change of land use purpose for projects requiring a change in land use purpose;
- Assessment of the satisfaction of market entry conditions that apply to foreign investors (if any);
- Other conditions for investors in compliance with applicable legislation.
m) Legal basis:
- Law on Investment No. 61/2020/QH14 dated June 17, 2020;
Decree No. 31/2021/ND-CP dated March 26, 2021;
Circular No. 03/2021/ TT-BKHDT dated April 09, 2021.
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