Issuance of the Investment registration certificate for projects which are subject to decision on the investment policy

a) Implementation order:

- Step 1: The investor submits the investment project documents to the Department of Planning and Investment, depending on the type of the investment projects, decision on competence of the investment policy defined in Articles 30, 31 and 32 of the Investment Law (described in procedures of decision on the investment policy: 1, 2 and 3).

- Step 2: The Department of Planning and Investment collects assessment and implements the steps to submit decision on the investment policy corresponding to each type of the decision on the investment policy (described in procedures of decision on the investment policy: 1, 2 and 3).

- Step 3: The Department of Planning and Investment issues the Investment registration certificate to the within 05 working days from receiving documents of decision on the investment policy.

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:

+ Decision on the Investment policy of the provincial People's Committee at the Archives of the Office of the 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 of the Prime Minister at the focal agency of the Government Office; or through the postal system (for projects falling under the jurisdiction of the Prime Minister);

+ Resolution on the investment policy of the National Assembly at the focal point of the National Assembly or through the postal system (for projects falling under the jurisdiction of the National Assembly)

+ Investment registration certificate at Reception department and getting results (in Department of Planning and Investment of Hung Yen province); or through postal system.

c) Documents:

- A written request for adjustment of investment project (the investors initial on each page and sign full name at the end page) (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 using restriction technology in transferring under provisions of the law on transferring technology 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.

- For projects falling under the jurisdiction of decision on the investment policy of the Prime Minister:

+ 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.

- For projects falling under the jurisdiction of decision on the investment policy of the National Assembly:

+ 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 (including at least 01 original) for projects falling under the jurisdiction of the National Assembly.

- 08 sets of the records (including at least 01 original) for projects falling under the jurisdiction of the Prime Minister.

- 04 sets of the records (including at least 01 original) for projects falling under the jurisdiction of the provincial People's Committee.

đ) Time limit for settlement:

- Time limit for submitting the decision on the investment policy: in according to duration of each type of the decision on the investment policy;

+ For projects falling under the jurisdiction of the provincial People's Committee: 35 days after receiving the documents of the investment projects;

+ For projects falling under the jurisdiction of the Prime Minister: 65 days after receiving the documents of the investment projects;

+ For projects falling under the jurisdiction of the National Assembly: in according to program and sessions of the National Assembly;

- Time limit of investment registration certificate: within 05 working days after receiving the documents of the decision on the investment policy.

e) Implementing agency:

- The Department of Planning and Investment of Hung Yen Province;

- Coordinating agencies: competent ministries and departments.

g) Subjects implementing administrative procedures:

The investor with investment project which is 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. In case of the project which is subject to decision on the investment policy and is decided the investment policy, the investment registration agency has not to submit decision on the investment policy.

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 under Form I.1 attached to Circular No. 16/2015/TT-BKHDT;

- Proposals of the investment project (for projects which are subject to decision on the investment policy) under Form I.2 attached to Circular No. 16/2015/TT-BKHDT;

l) Requirements and conditions for procedure implementation:

- Valid documents;

- To decide the investment policy.

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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