Dossiers And Procedures For Investment Policy Decision By The Prime Minister

Thứ sáu - 23/10/2020 13:42

For projects that require an investment approval from the Prime Minister, the procedures are as follows:

1. Preparation for project dossier

Pursuant to Article 33 and 34 of the prevailing Investment Law, investors shall submit a project dossier to the local registry office. The dossier consists of:

A written request for permission for execution of the investment project;
A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization);
An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;
Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
Explanation for application of technologies to the project mentioned in Point b Clause 1 Article 32 of the Law on Investment;
A business cooperation contract (if the project is executed under a business cooperation contract);
Land clearance and relocation plan (if any);
Preliminary assessment of environmental impacts and environmental protection measures;
Assessment of socio-economic effects of the project.

2. Procedures

The investment project shall comply with the guidelines issued in Article 31 of the Law on Investment.

Investors shall submit 08 dossiers to the investment registration authority of the administrative division in which the project is intended to be located;
Within 03 working days from the receipt of the valid application, the Investment registration authority shall send 02 dossiers to the Ministry of Planning and Investment and 01 dossier to each competent authority related to the investment project for appraisal opinion;
Within 15 days from the day on which the request of the investment registration authority is received, the authorities shall send the Ministry of Planning and Investment their comments about the issues within their management;
Within 25 days from the receipt of the valid application, the investment registration authority shall request the People’s Committee of the province to consider and send comments about the following issues to the Ministry of Planning and Investment;
Within 15 days from the receipt of the comments from the People’s Committee of the province, the Ministry of Planning and Investment shall make and submit a review report which contains the information to the Prime Minister for issuance of a decision on investment guidelines;
Within 07 working days the receipt of the review report, the Ministry of Planning and Investment and the Prime Minister shall issue a decision on investment guidelines. The decision on investment guidelines shall be sent to the Ministry of Planning and Investment, the People’s Committee of the province, and the investment registration authority;
Within 05 working days from the receipt of the decision on investment guidelines, the investment registration authority shall issue the Investment Registration Certificate to investors.