Decision on investment policy of the Provincial People's Committee (for project(s) which is not subject to issuance Investment Registration Certificate)

a) Implementation order:

* Decision on investment policy of the Provincial People's Committee (for project(s) which is not subject to issuance of Investment Registration Certificate) is implemented under following 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 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 competent state agencies under Clause 3, Article 30 of Decree No. 118/2015/ND-CP.

- Step 3: Within 15 days after receiving the records of the investment project, the state agency will assess the content within management scope of the state and sent this assessment to investment registration agency.

+ Land management agency is responsible for providing map extract; planning management agency provides planning information as a basis for the assessment within 05 working days from the date of receiving requirements of the Investment registration agency.

- Step 4: Within 25 days after receiving the records of the investment project, the Department of Planning and Investment prepares assessment report for sending to the Provincial People's Committee. Content of the assessment report includes:

+ 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 5: Within 07 working days from the date of receiving the assessment records and reports, the Provincial People's Committee decides the investment policy, in case of refusal, the Provincial People's Committee has to notify in documents and states reasons. Decision on the investment policy sent to the Ministry of Planning and Investment, Department of Planning and Investment and the investor.

* For investment projects with investment scale of 5,000 billion or more prescribed under Clause 2, Article 31 of the Law on Investment in line with the plans already approved by competent authorities and conducted outside industrial zone, export processing zone, high-tech zone and economic zone, in addition to opinions of the competent state agencies under Clause 3 of Article 30 of Decree No. 118/2015/ND-CP, when collecting assessment under Step 2, the Department of Planning and Investment will send the assessment records to Ministry of Planning and Investment. At Step 5, the provincial People's Committee decides the investment policy within 05 working days from the date of receiving assessment report of the Department of Planning and Investment. Other steps and contents will be complied with the common procedure.

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.

c) Documents:

- A written request for implementation of investment project (attached to Documents of agreement with principles  on adjustment 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 using restriction technology in transferring under provisions of the law on transferring technology (defined in 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 the investment project 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: 03 sets of the records (including at least 01 original).

đ) Time limit for settlement: Within 35 days from the date of receiving the investment project file.

e) Implementing agency:

- Department of Planning and Investment shall receive the records, collect the assessment and the assessment report;

- The Provincial People's Committee decides the investment policy;

- Coordinating agencies: competent ministries and departments.

g) Subjects of administrative procedures:

Domestic investors (individuals and organizations) with investment project in one of the following cases:

- For project allocated land, leased land by the state and not through one of the following ways: (i) land use right auction, (ii) bidding to choose investor using land or (iii) receiving transfer of land use rights and assets attached to the land. This object does not include projects in the industrial zone in line with planning

- For projects requiring change of land use purposes: This object does not include projects in the industrial zone in line with planning.

- For projects using restriction technology in transferring under provisions of the law on transferring technology

- For projects falling under the jurisdiction of the investment policy of the Prime Minister stipulated in Clause 2, Article 31 of the Investment Law in line with the planning and implementation from outside industrial zone.

h) Results of administrative procedures:

Documents of decision on investment policy of the Provincial People's Committee under Form II.1 attached to Circular No. 16/2015/TT-BKHDT 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, details are as follows:

+ Information about the project: information about investors, objectives, 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)

+ Meeting the conditions of the technology used in the investment projects for projects using restriction technology in transferring under provisions of the law on transferring technology including the following contents: name of technology, origin of technology, technological process diagram; specification, status of using the machines, equipment and main technology line;.

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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