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Setting up a company (updating) / Investment in-principle decision

Investment in-principle decision (1/9/2018)

Subject to nature and scale of investment project, the National Assembly, the Prime Minister and provincial-level People’s Committees shall decide on investment in-principle decision. 

A. The National Assembly shall decide on investment in-principle approval for the following investment projects: 
A1. Projects with great environmental impacts or a latent possibility of causing serious environmental impacts, including: 
a/ Nuclear power facilities; 
b/ Change of use purposes of land under national parks, nature reserves, landscape protection areas and scientific research and experiment forests of 50 hectares or larger; headwater protection forests of 50 hectares or larger; wind-break, sand-break and tide-break protection forests, sea encroachment forests and environmental protection forests of 500 hectares or larger; production forests of 1,000 hectares or larger; 

A2. Land-using projects requiring change of the use purpose of at least 500 hectares of paddy fields with 2 or more crops per year; 
A3. Relocation and resettlement projects involving 20,000 or more people in mountainous regions or 50,000 or more people in other regions; 
A4. Projects requiring application of special mechanisms and policies subject to decision by the National Assembly.

B. The Prime Minister shall decide on investment investment in-principle approval for the following projects: 

B1. Projects falling into one of the following cases, regardless of their capital sources: 
a/ Relocation and resettlement of 10,000 or more people in mountainous regions or 20,000 or more people in other regions; 
b/ Building and commercial operation of airports; air transport; 
c/ Building and commercial operation of national seaports; 
d/ Petroleum prospection, exploitation and processing; 
dd/ Betting and casino business; 
e/ Cigarette production; 
g/ Development of infrastructure of industrial parks, export-processing zones and functional sub-zones in economic zones; 
h/ Building and commercial operation of golf courses; 

B2. Projects other than those prescribed in B1 above which are capitalized at VND 5,000 billion or more; 

B3. Projects of foreign investors in the sectors of sea transport, provision of telecommunications services with network infrastructure, forest plantation, publishing, press, establishment of wholly foreign-owned science and technology organizations and science and technology enterprises; 

B4. Other projects subject to investment in-principle approval or investment decision by the Prime Minister in accordance with law.

C. Provincial-level People’s Committees shall decide on investment in-principle approval for the following projects: 

C1. Projects entitled to land allocation or land lease by the State not through auction, bidding or transfer; projects requiring change of land use purposes; 

C2. Projects using technologies on the list of technologies restricted from transfer in accordance with the law on technology transfer. 

Investment projects prescribed at C1 above and implemented in industrial parks, export-processing zones, hi-tech parks or economic zones in conformity with approved master plans are not required to be submitted to provincial-level People’s Committees for investment policy decision.



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