Issuance of Investment registration certificate for the project that is not subject to decision on the investment policy

a) Implementation order:

- Step 1: Investor submits records of location used to implement investment project under regulation of Clause 1, Article 33 of Law on Investment to Department of Planning and Investment.

- Step 2: Within 15 working days from the date of receiving valid records, the Department of Planning and Investment issues the Investment registration certificate to the investor.

b) Implementation method:

- Sending records: Directly sending the records at Reception department and getting results (in Department of Planning and Investment of Hung Yen province); or through postal system.

- Getting results: 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.

c) Documents:

- Documents defined in Clause 1 Article 33 of the Investment Law, includes:

+ A written request for adjustment of investment project (the investors initial on each page and sign full name at the end page) (attached to Documents of agreement with principle of the Provincial People's Committee on receiving project, Decision and minutes of meeting of Member Board / Management Board / General Assembly of shareholders / general partner/ owner of the investor on the investment project);

+ Copies of identity card or passport for individual investor; copies of establishment certificate or other equivalent documents confirming the legal status of the investor which is an organization (for documents of foreign organizations, the documents above must be consularly legalized; the documents in a foreign language must be translated into Vietnamese, certified by translation organizations);

+ Proposal of the investment project includes: investor, investment objective, investment scale, investment capital, capital mobilization strategy, location, duration, investment schedule, demand for labor, proposal of investment incentives, assessment of impact, economic - social efficiency of the project;

For an investment project put into operation, investor submits reports based on the implementation of the investment project until requesting issuance of the investment registration certificate instead of the proposal of the investment project.

+ A copy of one of the following documents: financial report in 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;

+ Proposal of demand on land use for the project allocated land, leased land and allowed to change the purpose of land use by the state (attached to location map and agreements with local authorities about the location and area of the area proposed for investment projects);

For the project not allocated land, leased land and allowed to change the purpose of land use by the state: the investor send copies of location rental agreement or other records confirming that the investor has the right to use the location to carry out the investment project (attached to relevant legal documents of the department which leases factory such as Enterprise registration certificate, investment registration certificate / decision on investment policy / decision on project approval; report on the situation of the factory leased; maps of location used for implementation of the investment project);

+ Explanation on the technology used for projects under point b, Clause 1, Article 32 of the Law on Investment includes the following contents: name of technology, origin of technology, technological process diagram; specification, status of using the machines, equipment and main technology line;

+ Business Cooperation Contract (BCC) for investment projects is prepared under contract form.

* Note: An individual / organization implementing the administrative procedures can send copies from the original book, certified copies, copies without certification and send original copy for comparison.

d) Number of documents:

05 sets (at least 01 original set)

đ) Time limit for settlement:

Within 15 working days from receipt of valid documents

e) Implementing agency:

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

- Coordinating agencies: relevant departments, ministries.

g) Subjects implementing administrative procedures:

- Investor with investment project not subject to decision on the investment policy in one of the following cases:

+ Foreign investors (individuals and organizations), economic organizations in according to Points a, b and c, Clause 1, Article 23 of the Investment Law on establishment of new economic organizations (Article 22 and Clause 1, Article 23 of the Investment Law);

+ Foreign investors (individuals and organizations), economic organizations in according to Points a, b and c, Clause 1, Article 23 of the Investment Law on implementation of the investment project in according to the form of BCC contract (Clause 1, Article 23 and Clause 2, Article 28 of the Investment Law);

+ Economic organizations in according to Points a, b and c of Clause 1, Article 23 of the Investment Law on the implementation of investment project (Clause 1, Article 36 of the Investment Law).

- This procedure is applied to projects of domestic investors, economic organizations specified in Clause 2, Article 23 of the Investment Law if the investors request for issuance of the Investment registration certificate.

h) Results of administrative procedures:

Investment Registration Certificate (Form II.2 issued with Circular No. 16/2015/TT-BKHDT)

i) Fees:

None

k) Name of form, declaration:

  - A written request for adjustment of investment project in accordance with Form I.1 issued with Circular No. 16/2015/TT-BKHDT);

- Proposals of the Investment project (for projects not subject to decision on the investment policy) in accordance with Form I.8 issued with Circular No. 16/2015/TT-BKHDT;

l) Requirements and conditions for procedure implementation:

- Valid documents.

- Objectives of the investment project that are not belong to prohibited lines of business investment.

- Meeting investment conditions for foreign investors in case of objectives of the investment project in according to investment lines including some conditions for the foreign investors.

m) 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;

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

- Circular No. 16/2015/TT-BKHDT dated November 18, 2015.

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