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INVESTMENT POLICIES

Procedure for approval of investment policies by the Provincial - level People&rsquo;s Committees

1. PROCEDURES FOR GRANT OF INVESTMENT POLICIES

a) Order of Execution:

- Step 1: Investors or the competent state authorities shall submit proposal applications for approval of investment policies according to the regulations set forth in Clause 2 and 3, Article 31 of Decree No. 31/2021/ND-CP 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 for appraisal reviews of the Departments and the district - level People&rsquo;s Committees in the location where the investment project shall be implemented and the appropriate competent state authorities on the content under their state administration according to the regulations set forth in Clause 6 or Clause 8 Article 31 of Decree No. 31/2021/ND-CP.

- Step 3: The consulted authorities shall offer appraisal reviews 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 Clause 6 or Clause 8, Article 31 of Decree No. 31/2021/ND-CP, and submit them to the provincial - level People&rsquo;s Committees;

- Step 5: The provincial- level People&rsquo;s Committees shall review to approve the project, including the contents as set forth in Clause 7 Article 32 of Decree No. 31/2021/ND-CP.

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 dossiers includes:

- The Dossiers required for approval of investment policies on investment projects proposed by an investor includes:

+ A written request for implementation of the investment project, including a commitment to bear all costs and risks if the project is not approved;

+ 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&rsquo;s financial capacity, other documents describing the investor&rsquo;s financial capacity;

+ Proposal of investment project includes the following primary information: investor or form of investor selection, investment objectives, investment scale, investment capital and plan for capital mobilization, location, duration, implementation schedule, information on the current status of land use at the project location and proposal of land use demand (if any), labor needs, proposals for the enjoyment of investment incentives, impacts, socio-economic efficiency of the project, preliminary assessment of environmental impacts (if any) under the law on environmental protection.

In case the law on construction provides for the making of pre-feasibility study reports, the investors may submit pre-feasibility study reports in place of investment project proposals;

+ In case the investment project does not request the State to assign or lease land or permit the change of land use purposes, it shall submit a copy of the land use right papers or other documents defining the right to use the location for the implementation of the investment project;

+ Contents of 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).

+ In relation to investment projects on construction of housing and urban areas, in addition to the contents as set forth in Point d, Clause 1, Point b, Clause 2, Article 33 of the Law on Investment, an investment proposal should include the following additional information: explanations on the implementation of investment projects to meet the targets and orientation to the urban development, housing development programs and plans; expected plan for project decomposition (if any); preliminary plan for phasing of investment to meet synchronization requirements; preliminary plan for housing structure and land bank for public housing development; preliminary plan for investment in construction and management of urban infrastructure within and outside the project scope. In relation to the remaining construction investment projects, expected plan for project decomposition should be supplemented (if any);

+ In relation to the investment project is proposed by the investor or established by the competent state agencies, in which the investor selection is proposed in accordance with the law on bidding, in addition to the contents as set forth in at Point d, Clause 1, Point b, Clause 2, Article 33 of the Law on Investment, the proposal of an investment project should supplement the preliminary total cost of project implementation in accordance with the law on bidding. The preliminary total costs of project implementation are determined on the basis of the total investment of the project in accordance with the law on construction, excluding costs of compensation, support and resettlement.

- The Dossiers required for approval of investment policies on investment projects established by the competent state agencies includes:

+ &nbsp;Report on approval of investment policies;

+ Proposal of investment project includes the following primary information: investment objectives, investment scale, investment capital, location, duration, implementation schedule, impacts, socio-economic efficiency of the project; information on the current status of land use at the project location; conditions for land recovery for projects subject to land recovery and expected land use demand (if any); preliminary assessment of environmental impacts; expected form of investor selection and conditions for investors (if any); special mechanisms and policies (if any).&nbsp;

In case the law on construction provides for the making of pre-feasibility study reports, the competent state agencies may apply pre-feasibility study reports in place of investment project proposals;

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 for appraisal reviews of the Departments and the district- level People&rsquo;s Committees in the location where the investment project shall be implemented and other appropriate competent state authorities.

- Within 15 days from the date of receiving the proposal of the Department of Planning and Investment, the consulted authorities shall offer appraisal reviews 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&rsquo;s Committee;

- Within 07 working days from the date of receiving the documents and appraisal report, the provincial-level People&rsquo;s Committee shall review to approve the investment policies.

e) Implementing agency:

- The Department of Planning and Investment shall receive the documents, collect appraisal reviews and prepare appraisal reports;

- The provincial-level People&rsquo;s Committee shall approve the investment policies.

g) Objects carrying out administrative procedures: Investors.

h) Results of administrative procedures:

Decisions on investment policies of the provincial-level People&rsquo;s Committee according to Form A.II.1 issued together with Circular No. 03/2021/TT-BKHDT. or a written notification of denial of investment policy approval (clearly stating the reason).

i) Fees: Not applicable

k) Types of Application Forms and Declaration Forms:

- The written request for implementation of investment projects according to Form A.I.1 issued together with Circular No. 03/2021/TT-BKHDT;

- Proposal of investment for projects subject to approval of investment policies established by the competent state authorities (Point b, Clause 2, Article 33 of the Law on Investment) according to Form A.I.2 issued together with Circular No. 03/2021/TT-BKHDT.

- Proposal of investment for projects subject to approval of investment policies proposed by the investors (Point b, Clause 2, Article 33 of the Law on Investment) according to Form A.I.3 issued together with Circular No. 03/2021/TT-BKHDT.

l) Requirements and conditions for carrying out procedures:

The approval of investment policies on investment projects shall fall under the jurisdiction of the provincial - level People&rsquo;s Committee.

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 INVESTMENT POLICIES

A. Process: Procedures for adjusting the decision on investment policies for investment projects falling under the decision-making authority on investment policies of the provincial - level People&rsquo;s Committees that are not subject to the grant of Certificates of investment registration.

Application conditions:

- Adjustment of investment objectives, locations and primary technologies;

- Increasing or decreasing the investment capital by more than 10% of the total investment capital to change the objective, scale and capacity of the investment project;

- Adjustment of the implementation period of the investment project or changing the conditions for investors (if any).

Dossiers required: 04 sets, with at least 01 original set, which consist of:

&nbsp;A written request for investment project adjustment (Form I.6);

b) &nbsp;A report on the implementation of investment projects up to the time of adjustment (Form I.8);

c) The Investor&rsquo;s Decision on adjustment of the investment project (for the cases of adjustment of contents specified in Clauses 4, 5, 6, 7, 8 and 10, Article 39 of the Law on Investment);

d) Explanations or documents related to the adjustment of the contents specified at Points b, c, d, dd, e, g, Clause 1, Article 33 of the Law on Investment (if any).

Timeline for settlement:&nbsp;23 days from the submission date if the application is valid

Fees: Not applicable

B. Process: Procedures for changing investors in case of investment project transfer.

Application conditions: The investor is entitled to transfer part or all of the project to another investor when the following conditions are satisfied:

- The project is not terminated in the cases as prescribed in Clause 1 Article 48 of the Law on Investment 2014;

- Investment conditions applied to foreign investors are satisfied in case the foreign investor receives the investment project transfer in conditional business lines applicable to foreign investors;

- Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land use rights;

- Conditions in the Certificate of investment registration or relevant regulations of law are complied with (if any).

Dossiers required:&nbsp;04 sets, with at least 01 original set, which consist of:

- &nbsp;A written request for investment project adjustment (Form I.6);

- A report on the implementation of investment projects up to the time of investment project transfer (Form I.8);

- The project transfer contract or another document with equivalent legal validity;

- Copies of the ID Card/Citizen ID Card or Passport if the investor is an individual or copies of Certificate of Enterprise Registration or another document with equivalent legal value of the transferee if the investor is an organization; copies of the Certificate of Investment Registration or Decision on investment policies (if any); copies of the BCC contract for BCC projects; copies of one of the following documents of the transferee: financial statements of the last 02 years; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of transferee&rsquo;s financial capacity, documents describing the transferee&rsquo;s financial capacity;

Timeline for settlement:&nbsp;25 days from the submission date if the application is valid

Fees: Not applicable

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