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SURVEY

Investment Process / Investment Procedures

Investment Procedures (5/6/2009)

Domestic investment projects

 

With respect to domestic investment projects which have an invested capital of below fifteen (15) billion Vietnamese dong and which are not included in the list of sectors of investment subject to conditions, the investors shall not be required to perform the procedures for investment registration.

With respect to domestic investment projects which have an invested capital of between fifteen (15) billion Vietnamese dong and below three hundreds (300) billion Vietnamese dong and which are not included in the list of sectors of investment subject to conditions, the investors shall perform the procedures for investment registration in the sample form at a provincial State administrative body for investment.

 

Items of investment registration shall comprise the following:

§         Legal status of the investor;

§         Objectives, sale and location for implementation of the investment project;

§         Invested capital, project implementation schedule;

§         Land use requirements and undertakings on environmental protection;

§         Proposal for investment incentives (if any)

 

The investors shall carry out investment registration at the provincial Department of Planing and Investment for any investment projects which are granted with investment certificates by the Provincial People Committe (in the part II of Forms of investment) or at the management boards at industrial, export processing, hi-tech and economic zones for investment projects which are granted with investment certificates by the Management board (part III in the forms of Investment)

 

 

Procedures for registration of investment in respect of foreign invested projects

 

With respect of foreign invested projects which have an invested capital of below three hundred (300) billion Vietnamese dong and which are not included in the list of sectors of investment subject to conditions, the investors shall perform the procedures for investment registration at a provincial State administrative body for investment for issuance of an investment certificate. Where an economic organization with foreign invested capital which has been established in Vietnam has a new investment project, it shall be permitted to conduct procedures to implement such investment project without the requirement to establish a new economic organization.

 

Foreign investors investing in Vietnam for the first time must have an investment project and perform the procedures for investment registration or evaluation of investment at the State administrative body for investment in order to be issued with an investment certificate. The investment certificate shall also be the business registration certificate. Where an economic organization with foreign invested capital which has been established in Vietnam has a new investment project, it shall be permitted to conduct procedures to implement such investment project without the requirement to establish a new economic organization.

 

With respect to projects which have an invested capital of below three hundred (300) billion Vietnamese dong and which are not included in the list of sectors of investment subject to conditions, the investors shall conduct investment registration procedures at the state provincial investment management agency for investment certificate

 

For cases which do not establish economic organisations, apart from contents as required to domestic investors, foreign investors shall supplement business cooperation contracts for investment forms of business cooperation contracts and financial situation report of investors (written and being accountable for by investors)

 

For cases of having economic organisation establishment, apart from requirements applied to registration without economic organisation establishment, investors shall attach relevant business registration profiles with the application in accordance with laws on enterprises and other laws; and joint venture contract for investment forms requiring the establishment of economic organisations between domestic and foreign investors.

The investors registering at the provincial department of planning and investment for projects granted with investment certificate by the provincial people committee (part II. Forms of investment) or at the management board of industrial, export processing, hi-tech and economic zones for projects which are granted with investment certificate by the management board (part III. Forms of investment). Limitation period of evaluation procedures for granting investment certificate is 15 days.

 

With respect to domestic investment projects or foreign invested projects which have an invested capital of three hundred (300) billion Vietnamese dong or more and projects on the list of sectors of investment subject to conditions, the procedures for evaluation must be performed for issuance of an investment certificate

 

 

For cases of investment registration without requiring the establishment of economic organisations, evaluation profiles include the following documents:

 

§         Written request for issuance of an investment certificate;

§         Document certifying the legal status of the investor;

§         Report on financial ability of the investor;

§         Contract or business co-operation contract

§         For projects with an invested capital of below three hundred (300) billion Vietnamese dong or more and which are not included in the list of sectors of investment subject to conditions, investors shall submit an eco-technical explanatory statement containing the items in relation to objectives and location of the investment, land use requirement; investment scale; ; invested capital; project implementation schedule, technological or environmental solutions;

 

§         For projects which have an invested capital of below three hundred (300) billion Vietnamese dong and which are included in the list of sectors of investment subject to conditions, the investors shall include an explanatory statement of conditions which the investment project must satisfy as in accordance with laws on investment projects requiring conditions.

 

§         For projects with an invested capital of three hundred (300) billion Vietnamese dong or more and on the list of sectors of investment subject to conditions, the investors shall include an eco-technical explanatory statement and an explanatory statement on feasibility of meeting required conditions which the investment project must satisfy in accordance with laws.

 

Where investors with an investment project associated with the establishment of an economic organization, it shall perform the business registration in accordance with the Law on Enterprises and relevant laws and carry out the investment procedures in accordance with this Law.

 

The time-limit for evaluation of investment shall not exceed thirty (30) days from the date of receipt of a complete and valid file. In necessary cases, the above time-limit may be extended, but not beyond forty five (45) days.

 

The number of required project profiles applying to projects under the approval of the Prime Minister is 10 copies of which at least one copy is original while for projects under the approval of Provincial people committee, the number of required profiles is 8 copies of which at least one copy is original; and for projects under the approval of the Management board, the number of profiles required is 4 copies of which at least one copy is original.

 

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