Adjustment on decision on the investment policy of the Prime Minister, the provincial people's committee for the investment projects not subject to issuance of Investment Registration Certificate

  

a) Implementation order:

* Investment policy adjusted by the provincial People's Committee:

- Step 1: Investor submits documents under regulation of Clause 2, Article 33 of 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 will send the documents to the relevant competent authorities to get comments of the adjustment

- Step 3: Within 10 working days from receipt of the request from the Department of Planning and Investment, the agency shall take comments of the adjustment within management scope.

- Step 4: Within 05 working days from receipt of the comments from the agency mentioned in Step 3, the Department of Planning and Investment shall prepare assessment report on the adjustment to submit the provincial People's Committee;

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

* Investment policy adjusted by the Prime Minister:

- Step 1: Investor submits documents under regulation of Clause 2, Article 33 of 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 will send 02 sets of the documents to the Ministry of Planning and Investment and the relevant competent authorities to get comments of the adjustment.

- Step 3: Within 10 working days from receipt of the request from the Department of Planning and Investment, the agency shall take comments of the adjustment within management scope.

- Step 4: Within 20 working days from receipt of valid documents the Department of Planning and Investment submits the provincial People's Committee to consider and give opinions to the Ministry of Planning and Investment on the content specified in Clause 5, Article 31 of Decree No. 118/2015/ND-CP relating to the content adjusted.

- Step 5: Within 05 working days from receipt of the comments of the provincial People's Committee, the Ministry of Planning and Investment prepare assessment report on the adjustment to submit the Prime Minister.

- Step 6: Within 07 working days from receipt of the assessment report of the Department of Planning and Investment, the Prime Minister considers and decides to adjust the investment policy. Document of decision on adjustment of the investment policy will be sent to the Ministry of Planning and Investment, the provincial People's Committee, the Department of Planning and Investment and the investors.

 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 of:

+ Assessment report of the Department of Planning and Investment on proposal of the investment policy at the Reception department and returning the results (in the headquarters of the Department of Planning and Investment of Hung Yen province); or through the postal system.

+ Decision on the Investment policy at the Reception department of the Office of Provincial People's Committee; or through the postal system (for projects falling under the jurisdiction of the provincial People's Committee)

+ Decision on the Investment policy at the focal agency of the Office of the Government or through the postal system (for projects falling under the jurisdiction of the Prime Minister)

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; Copy of Investment Registration Certificate, Investment License, Investment Certificate or other papers with the same validity)

- Report on the implementation of the project by the time of adjustment;

- Decision on adjustment of the investor’s investment project (for the cases of adjustment on the contents specified in Clauses 4, 5, 6, 7, 8 and 10, Article 39 of the Investment Law); attached with the Minutes of the meeting of the Board of Members/ Board of Directors/ General Assembly of Shareholders/ general partners/ owner of the investor on the adjustment of investment project);

- Explanation or providing documents relating to adjustment of the content specified at Point b, c, d, đ, e, g in Clause 1, Article 33 of the Investment Law (if any).

* 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:

- 04 sets (at least 01 original set) for investment projects which are subject to decision on the investment policy of the Provincial People's Committee;

- 08 sets (at least 01 original set) for investment projects which are subject to decision on the investment policy of the Prime Minister.

đ) Time limit for settlement:

- Within 26 working days for the investment projects falling under the jurisdiction of decision on the investment policy of the Provincial People's Committee;

- Within 47 working days for the investment projects falling under the jurisdiction of decision on the investment policy of the Prime Minister.

e) Implementing agency:

- The Department of Planning and Investment shall receive the records;

- The Provincial People's Committee decides to adjust the investment policy for projects falling under the jurisdiction;

- The Prime Minister decides the investment policy for projects falling under the jurisdiction;

- Coordinating agencies: competent ministries and departments.

g) Subjects of administrative procedures:

Domestic investors (individuals and organizations) with investment project decided by the Provincial People's Committee or the Prime Minister on the investment policy for the adjustment of the investment project in according to one of the following cases:

- Objectives, location, main technology;

- Increase or decrease more than 10% of the total investment capital which changes the objectives, scope, and capacity of investment project;

- Duration for implementation of investment project or conditions for investors (if any).

This procedure is also applied to investment projects which are subject to the approval or decision on investment policy in accordance with law prior to the Investment Law coming into effect (before 01/07/2015) and approved or decided on investment policy prior to the Investment Law coming into effect. So the investor adjusts the investment project, which changes the content of the approval or decision on investment policy (Clause 5 of Article 63 in Decree No. 118/2016/ND-CP).

h) Results of administrative procedures:

A written of decision on adjustment of investment project (of the Provincial People's Committee; or the Prime Minister).

i) Fees:

        None

k) Name of form, declaration:

- A written request for adjustment of investment project (applying to cases with adjustments on the investment policy) in accordance with Form I.6 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:

- Meeting the assessment content in Point d Clause 1 Article 34 - Decree No. 118/2015/ND-CP for projects falling under the jurisdiction of the provincial People's Committee.

- Meeting the assessment content in Point đ Clause 1 Article 35- Decree No.118/2015/ND-CP for projects falling under the jurisdiction of the Prime Minister.

m) Legal basis of administrative procedures:

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

- Land Law No. 45/2013/QH13 dated November 29, 2013;

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

- Decree No. 43/2014/ND-CP dated May 15, 2014;

- 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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