Decision on investment policy of the National Assembly (for project(s) which is not subject to issuance Investment Registration Certificate)

 

a) Implementation order

- Step 1: Investor submits records of location used to implement investment project to the Department of Planning and Investment. 

- Step 2: Within 03 working days from the date of receiving valid records of the investment project, the Department of Planning and Investment will send the records to the Ministry of Planning and Investment for reporting to the Prime Minister for the establishment of the State Evaluation Council.

- Step 3: Within 03 working days from the date of the establishment, the State Evaluation Council organizes assessment of documents of the investment project and prepares assessment report including contents in according to Clause 6 Article 33 of the Investment Law to submit to the Government.

- Step 4: At least 60 days before opening day of session of the National Assembly, the Government sends documents of decision on the investment policy the verification agency of the National Assembly.

The documents of the decision on the investment policy include: the Report of the Government; the Record of the investment project defined in Clause 1 of Article 35 of the Investment Law; the Assessment report of the State Appraisal Council; Other relevant documents

- Step 5: The agency assigned to take charge of the assessment by the National Assembly charge of the evaluation shall be responsible for contents: meeting criteria for identifying projects falling under competence of decision on the investment policy of the National Assembly; necessity of implementation of the project; compatibility of the project with the strategy, overall planning and economic - social development, development planning, land and other resources use planning;  Objectives, scale, location, timing and progress of the project, the needs of land use, plans for ground clearance, immigration, resettlement, the selection of key technology, the environmental protection measures; invested capital, the capital mobilization strategy; the impacts and economic - social efficiency; the mechanisms and specific policies; incentives and investment support and conditions applied (if any).

- Step 6: The National Assembly considers and passes the resolution on the investment policy, including the following contents the investor implementing the project: name, objectives, scale, project investment, schedule of capital contribution and capital mobilization, project implementation period; location used for implementing the investment project; progress of implementation of the investment project: basic construction progress and progress to put into operation (if any); progress of implementation of the operational objectives, major items of the project; In case of a project implemented in according to each stage, objectives, duration, operation content of the each stage has to be stipulated; technology applied; the mechanisms and specific policies; incentives and investment support and application conditions (if any) and the validity period of the resolution on the investment policy

b) Implementation method:

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

+ The National Assembly's resolution on the Investment policy at the Reception department of the Office of Provincial People's Committee; or through the postal system.

c) Documents:

- A written request for adjustment of investment project  (attached to Documents of agreement with principles  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;

- 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;

- 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.

- Plans for ground clearance, immigration, relocation (if any);

- Preliminary assessment of environmental impacts, environmental protection solutions.

- Assessment of impacts and economic - social efficiency of the project;

- Proposing mechanisms and specific policy (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: 21 sets of the records

đ) Time limit for settlement:

According to the Program and the National Assembly's session

e) Implementing agency:

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

- The Ministry of Planning and Investment submits the Prime Minister established the State Evaluation Council;

- The State Evaluation Council organizes assessment;

- The Congress considers and passed the Resolution on the investment policy;

- Coordinating agencies: ministries and departments.

g) Subjects of administrative procedures:

Domestic investors (individuals and organizations) implements projects under the jurisdiction of the National Assembly stipulated in Article 30 of the Investment Law.

h) Results of administrative procedures:

Resolution of the National Assembly on the investment policy.

i) Fees:

None.

k) Name of form, declaration:

- A written request for adjustment of investment project under Form I.1 attached to Circular No. 16/2015/TT-BKHDT;

- Proposals of the investment project under Form I.2 attached to Circular No. 16/2015/TT-BKHDT.

l) Requirements and conditions for procedure implementation:

- Meeting the assessment content in Clause 6, Article 33 of the Investment Law and verification specified in Clause 6, Article 35of the Investment Law.

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.

- Decree No. 131/2015/ND-CP dated December 25, 2015;

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