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

a) Implementation order:

- Step 1: The 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 03 working days from the date of receiving valid records of the investment project, the Department of Planning and Investment will send 02 sets of the records to the Ministry of Planning and Investment and the competent state agencies under Clause 3, Article 30 of Decree No. 118/2015/ND-CP.

- Step 3: Within 15 days after receiving the proposal of the Department of Planning and Investment, the state agency will assess the content within management scope of the state and sent this assessment to the Department of Planning and Investment and Ministry of Planning and Investment.

- Step 4: Within 25 days after receiving the valid records, The Department of Planning and Investment submits the provincial People's Committee for consideration and giving opinions to the Ministry of Planning and Investment with contents: (i) demand for land use, conditions for land transportation, leasing and allowing to change purpose of land use in accordance with the law of the land (for projects allocated or leased land, allowed change the purpose of land use); (ii) Plans for ground clearance, immigration, relocation (if any) for an investment project allocated land, leased land and allowed to change the purpose of land use by the state; (iii) Other matters under the jurisdiction of the provincial People's Committee (if any).

- Step 5: Within 07 working days from the date of receiving the opinions of the Provincial People's Committee, the Ministry of Planning and Investment prepares assessment reports including:

+ Information about the project: information about investor, objective, scope, location and schedule of the project implementation;

+ Assessing that foreign investor meets conditions for investment (for project with target under lines of investment including conditions for the foreign investor);

+ Assessing conformity of the investment project with overall planning of economic and social development, development planning and land use planning; impact assessment, economic - social efficiency of the project;

+ Assessing investment incentives and conditions for investment incentives (for investment project belonging to the investment incentives);

+ For project allocated land, leased land and allowed to change the purpose of land use by the state: assessing the need for land use, land transportation and lease conditions and permission to change the purpose of land use under provisions of the law on land.

+ For project not allocated land, leased land and allowed to change the purpose of land use by the state: Meeting right to use investment location (the investor has to regulations of the civil law and land law on using investment location)

+ Assessing technology used for the investment project under point b, Clause 1, Article 32 of the Law on Investment.

- Step 6: Within 07 working days from the date of receiving the assessment records of the Ministry of Planning and Investment, The Prime Minister decides the investment policy (including contents provided under Clause 8, Article 33 of the Investment Law). Decision on the investment policy sent to the Ministry of Planning and Investment, the Department of Planning and Investment and 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 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 of the Prime Minister at the focal agency of the Government Office; or through the postal system.

c) Documents:

- A written request for adjustment of investment project  (attached to 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.

* 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: 08 sets of the records (including at least 01 original).

đ) Implementing agency: Within 65 days from the date of receiving the investment project file.

e) Implementing agency:

- The Department of Planning and Investment shall receive the records and collect the assessment of ministries, departments and other agencies;

- The Ministry of Planning and Investment is responsible for the assessment;

- The Prime Minister decides the investment policy;

- Coordinating agencies: competent ministries and departments.

g) Subjects of administrative procedures:

Domestic investors (individuals and organizations) with investment project in the case provided under Article 31 of the Investment Law, without the project provided under Clause 2, Article 31 of the Investment Law in line with planning.

h) Results of administrative procedures:

Documents of decision on investment policy of the Prime Minister or Notification of refusal of the decision on investment policy (clearly stating the reason).

i) Fees: None

k) Name of form, declaration:

- Documents of request for implementation of the 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 (Step 5 in the implementation order)

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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