Investment project transfer

a) Implementation order:

* For the project subject to one of the following cases: (i) project is issued Investment Registration Certificate and not subject to the Decision on Investment policy, (ii) the project is issued Investment Registration Certificate and subject to the Decision on investment policy that the investor has completed the capital contribution, capital mobilization and put the project into operation:

- Step 1: The investor transfers the investment project and submits 01 set of documents to the Department of Planning and Investment.

- Step 2: The Department of Planning and Investment shall consider the conditions for transferring the investment project as defined in Clause 1, Article 45 in the Investment Law to adjust the Investment Registration Certificate within 10 working days from receipt of valid documents.

* For the project subject to the Decision on Investment policy by the Prime Minister

- Step 1: The investor transferring the investment project shall submit the documents under the provisions of Clause 2, Article 37 in Decree No. 118/2015/ND-CP to the Department of Planning and Investment.

- Step 2: Within 03 working days from receipt of valid documents, the Department of Planning and Investment shall send them to the competent authority to get the assessment on the conditions for transferring the investment project as defined in Clause 1, Article 45 in the Investment Law.

- Step 3: Within 10 working days from receipt of the request from the Department of Planning and Investment, the agency receiving documents shall give comments about the conditions for transferring within management scope.

- Step 4: Within 25 days of from receipt of valid documents as stipulated, the Department of Planning and Investment shall submit to the provincial People's Committee for consideration and giving comments to submit to the Ministry of Planning and Investment on the contents specified in Point c and d of Clause 1, Article 45 in the Investment Law (if any).

- Step 5: Within 10 working days from receipt of the comments from the provincial People's Committee, the Ministry of Planning and Investment shall prepare assessment report on the conditions for transferring the investment project as defined in Clause 1, Article 45 in the Investment Law.

- Step 6: Within 07 working days from receipt of the assessment report from the Ministry of Planning and Investment, the Prime Minister shall consider and decide to adjust the investment policy.

- Step 7:

+ For the project which is not issued Investment Registration Certificate: the written decision on adjustment of the investment policy will be sent to the investor.

+ For the project which is issued Investment Registration Certificate: Within 05 working days from receipt of the written decision on adjustment of the investment policy, the Department of Planning and Investment shall adjust the Investment Registration Certificate for the investor transferred the investment project.

* For the project subject to the Decision on Investment policy by the provincial People's Committee:

- Step 1: The investor transferring the investment project shall submit the documents under the provisions of Point a, Clause 2, Article 37 in Decree No. 118/2015/ND-CP to the Department of Planning and Investment.

- Step 2: Within 03 working days from receipt of valid documents, the Department of Planning and Investment shall send them to the competent authority to get the assessment on the conditions for transferring the investment project as defined in Clause 1, Article 45 in the Investment Law.

- Step 3: Within 10 working days from receipt of the request from the Department of Planning and Investment, the agency receiving documents shall give comments about the conditions for transferring within management scope

- Step 4: Within 20 days of from receipt of valid documents, the Department of Planning and Investment shall prepare the report on the ability to meet conditions for transferring the project as defined in Clause 1, Article 45 in the Investment Law and then submit to the provincial People's Committee;

- Step 5: Within 05 working days from receipt of the report from the Department of Planning and Investment, the provincial People's Committee shall consider and decide to adjust the investment policy;

- Step 6:

+ For the project which is not issued Investment Registration Certificate: the written decision on adjustment of the investment policy will be sent to the investor.

+ For the project which is issued Investment Registration Certificate: Within 03 working days from receipt of the written decision on adjustment of the investment policy, the Department of Planning and Investment shall adjust the Investment Registration Certificate for the investor transferred the investment project.

* For the investment project subject to the Decision on investment policy that the investor has completed the capital contribution, capital mobilization and put the project into operation: it is not required to implement procedures to adjust the Decision on Investment policy when transferring the investment project.

* If the foreign investor is transferred the investment project and it established an economic organization to implement the project, the investor shall implement procedures for issuance or adjustment of Investment Registration Certificate, then implement procedures for establishment of an economic organization under the provisions of law corresponding to each type of economic organization.

 

b) Implementation method:

- Submit documents: directly at the Division of receiving and returning results (in the head office of the Department of Planning and Investment in Hung Yen province); or through the postal system.

- Receive results:

+ Assessment report from the Department of Planning and Investment on adjustment of the Decision on Investment policy at the Division of receiving and returning results (in the head office of the Department of Planning and Investment in Hung Yen province); or through the postal system.

+ Decision on adjustment of the investment policy at the head division of the Government Office or through the postal system (for the project subject to Decision on Investment policy by the Prime Minister);

+ Decision on adjustment of the investment policy at the Archives of the Office of the Provincial People's Committee or through the postal system (for the project subject to Decision on Investment policy by the Provincial People's Committee);

+ Adjusted Investment Registration Certificate at the Division of receiving and returning results (in the head office of the Department of Planning and Investment in Hung Yen province); or through the postal system (for the project subject to Investment Registration Certificate and Decision on Investment policy).

c) Documents:

- A written request for adjustment of investment project (attached with Documents of agreement with principles on adjustment of the investment project policy by the Provincial People's Committee);

- Report on the implementation of the project by the time of transferring the investment project (attached with other relevant documents under the provisions of specialized law (Housing Law and Law on Real Estate Business...);

- A contract on transfer of investment project or other documents with the same validity (attached with the Decision and Minutes of the meeting of the Board of Members/ Board of Directors/ General Assembly of Shareholders/ general partners/ owner of the investor transferring on the transfer of investment project; the Decision and Minutes of the meeting of the Board of Members/ Board of Directors/ General Assembly of Shareholders/ general partners/ owner of the investor transferred on the transfer of investment project);

- A copy of the identity card, citizen identity card or passport for individual investors; a copy of the Establishment certificate or other documents with the same validity for institutional investors transferred (for documents of foreign organizations, they must be legalized; documents in foreign language must be translated into Vietnamese, certified by organizations with function of translation).

 

- A copy of Investment Registration Certificate or a written decision on investment policy (if any) (attached with documents related to the land lot transferred: Certificate of land use rights, Land lease agreement, location map of the project's land lot...).

- A copy of Business Cooperation Contract (BCC) for investment projects in the form of BCC Contract

- A copy of one of the following documents of the investor transferred the investment project: financial report in the last 2 years of the investor; financial support commitment of parent company; financial support commitment of financial organization; guarantee financial capacity of  the investor; documents explaining the financial capacity of the investor;

d) Number of documents:

- 03 sets (at least 01 original set) for: (i) the investment project is subject to Investment Registration Certificate and not subject to Decision on investment policy; (ii) the project is issued Investment Registration Certificate and subject to the Decision on investment policy that the investor has completed the capital contribution, capital mobilization and put the project into operation:

- 04 sets (at least 01 original set) for the project subject to the Decision on Investment policy adjusted by the provincial People's Committee

- 08 sets (at least 01 original set) for the project subject to the Decision on Investment policy adjusted by the Prime Minister

đ) Time limit for settlement

- Within 10 days from receipt of valid documents for: the procedures to change the investor for the investment project subject to Investment Registration Certificate and not subject to Decision on investment policy;

- Within 28 days from receipt of valid documents for: the procedures to change the investor for the project subject to the Decision on Investment policy adjusted by the provincial People's Committee;

- Within 47 days from receipt of valid documents for: the procedures to change the investor for the project subject to the Decision on Investment policy adjusted by the Prime Minister;

e) Implementing agency:

- Agency directly implementing administrative procedures: Department of Planning and Investment in Hung Yen province;

- Coordinating agencies: relevant departments, lines

g) Subjects implementing administrative procedures

* The investor shall transfer the investment project in one of the following cases:

- The investor owns the investment project issued Investment Registration Certificate;

- The investor owns the investment project subject to the Decision on Investment policy by the Prime Minister and the provincial People's Committee but not issued Investment Registration Certificate, excluding the project that the investor has completed the capital contribution, capital mobilization and put the project into operation;

* This procedure is also applied to the investment project subject to Investment License, Investment Certificate or other papers with the same validity. In this case, the Department of Planning and Investment shall issue the Investment Registration Certificate to replace the content of the investment project specified in the Investment License, Investment Certificate or other papers with the same validity.

h) Results of administrative procedures:

- Investment Registration Certificate for the investment project subject to Investment Registration Certificate (change the investor) in accordance with Form II.2 issued with Circular No. 16/2015/TT-BKHDT;

- Written adjustment of the Decision on Investment policy by the Prime Minister, the provincial People's Committee for the project which is not issued Investment Registration Certificate;

i) Fees:

None

k) Name of form, declaration:

- In case of adjustment of the investment policy: A written request for adjustment of investment project in accordance with Form I.6 issued with Circular No. 16/2015/TT-BKHDT);

- In case of not subject to adjustment of the investment policy: A written request for adjustment of investment project in accordance with Form I.7 issued with Circular No. 16/2015/TT-BKHDT);

- Report on the implementation of the project by the time of adjustment in accordance with Form I.8 issued with Circular No. 16/2015/TT-BKHDT;

l) Requirements and conditions for procedure implementation

To meet the conditions for transferring the investment project as defined in Clause 1, Article 45 in the Investment Law, specifically as follows:

a) Not subject to any case of being terminated to operate in accordance with Clause 1, Article 48 in this Law;

b) Meet the applicable investment conditions for foreign investors in case of foreign investors transferred the project under the conditional investment lines for foreign investors;

c) Comply with the conditions as prescribed in the law on land, the law on real estate business if the transfer of the project is associated with the transfer of land use rights;

d) Comply with the conditions as specified in the Investment Registration Certificate or other provisions of relevant laws (if any

m) Legal basis of administrative procedures:

- Investment Law No. 67/2014/QH13 dated 26/11/2014;

- Law on land No. 45/2013/QH13 dated 29/11/2013;

- Decree No. 118/2015/ND-CP dated 12/11/2015;

- Decree No. 43/2014/ND-CP dated 15/5/2014.

- Decree No. 111/2011/ND-CP of the Government dated 05/12/2011.

- Circular No. 16/2015/TT-BKHDT dated 18/11/2015.

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