According to the provisions of the Law on Investment 2014, effective from July 1, 2015, detailing documents, order and procedures for the decision on investment policies are as follows:
An application for an investment project investment policy decision comprises:
Proposal for investment project implementation;
Copy of ID card, ID card or passport for individual investor; a copy of the Establishment Certificate or other equivalent document certifying the legal status of the institutional investor;
An investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, invested capital and capital raising plan, location, investment duration, and progress. , labor demand, proposal for investment incentives, assessment of the project's socio-economic impact and efficiency;
Copy of one of the following documents: financial statements of the last two years of the investor; commitment to financial support of the parent company; commitment to financial support of financial institutions; guarantees on investors' financial capacity; documents explaining the financial capacity of the investor;
Proposed land use demand; In case the project does not request the State to allocate land, lease land, or permit the change of land use purpose, submit a copy of the lease agreement or other documents certifying that the investor has the right to use the site for actual purposes. current investment project;
Explanation on the use of technology for an investment project, for a project using technology on the List of technologies restricted from transfer under the law on technology transfer, including: name of technology , origin of technology, technology process diagram; main specifications, usage status of main machinery, equipment and technological line;
BCC contract for an investment project in the form of a BCC contract.
The investor shall apply for an investment policy decision at the investment registration agency.
Procedures for issuance of an investment policy decision include:
Within 35 days after receiving the investment project dossier, the investment registration agency shall notify the results to the investor.
Within 03 working days from the date of receipt of a complete investment project dossier, the investment registration agency shall send the dossier to collect State agencies' opinions on the contents specified in Clause 6. This.
Within 15 days after receiving the investment project dossier, the consulted agency shall appraise the contents of its state management scope and send it to the investment registration agency.
The land administration is responsible for providing map extracts; planning management agency shall provide planning information to serve as a basis for appraisal as prescribed in this Article within 05 working days from the date of receipt of request from investment registration agency.
Within 25 days after receiving the investment project dossier, the investment registration agency shall make an appraisal report and submit it to the provincial-level People's Committee. Contents of an appraisal report include:
Information about the project includes: information about the investor, its objectives, scale, location, and progress of the project;
Assessment of the foreign investor's fulfillment of investment conditions (if any);
Evaluation of the suitability of the investment project with the socio-economic development master plan, the branch development planning and the land use planning; assessment of the project's socio-economic impact and efficiency;
Evaluation of investment incentives and conditions for enjoying investment incentives (if any);
Evaluation of the legal basis of the investor's right to use the investment location. If there is a proposal for land allocation, land lease, or permission to change the land use purpose, the assessment of land use demand, conditions for land allocation, land lease and change of land use purpose shall be conducted according to regulations. the law on land;
Evaluation of technologies to be used in investment projects, for projects using technologies on the List of technologies restricted from transfer in accordance with the law on technology transfer.
Within 7 working days from the date of receipt of the application and appraisal report, the People's Committee of the province shall decide on the investment policy, in case of refusal, it must notify in writing and clearly state the reason.
The contents of an investment policy decision of the People's Committee of a province include:
Investor implementing the project;
Name, objectives, scale, investment capital of the project, project implementation duration;
Location of the investment project;
Investment project implementation schedule: capital contribution and capital mobilization schedule; capital construction progress and putting the work into operation (if any); implementation progress of each stage for investment projects with many stages;
Investment incentives and supports and applicable conditions (if any);
Effective period of investment policy decision.
The Government shall detail investment project appraisal dossiers and procedures for which investment policy is decided by the People's Committee of the province.