What is the form of application for investment project execution for investment guidelines approval in Vietnam?
- What is the form of application for investment project execution for investment guidelines approval in Vietnam?
- What is the form of investment project proposal for approval for investment guidelines in Vietnam?
- What are the applications for and contents of appraisal of requests for investment guideline approval in Vietnam?
- What are the contents of applications for and the contents of appraisal of requests for investment guideline approval in Vietnam?
What is the form of application for investment project execution for investment guidelines approval in Vietnam?
Currently, the form of application for investment project execution is specified in Form A.I.1 issued together with Circular 03/2021/TT-BKHDT as follows:
Download the entire form of the application for investment project execution: Here.
What is the form of application for investment project execution for investment guidelines approval in Vietnam?
What is the form of investment project proposal for approval for investment guidelines in Vietnam?
Currently, the form of the investment project proposal is specified in Form A.I.3 issued together with Circular 03/2021/TT-BKHDT as follows:
Download the entire form of the investment project proposal: Here.
What are the applications for and contents of appraisal of requests for investment guideline approval in Vietnam?
Pursuant to Clause 1, Article 33 of the Law on Investment 2020, an application for approval for investment guidelines of an investment project proposed by an investor includes:
- An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;
- A document about the investor’s legal status;
- Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;
- Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, proposal for investment incentives, impact and socio – economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with regulations of law on environmental protection.
If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project;
- If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;
- Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;
- The business cooperation contract if the investment project is executed under a business cooperation contract;
- Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in accordance with regulations of law (if any).
What are the contents of applications for and the contents of appraisal of requests for investment guideline approval in Vietnam?
Pursuant to Clause 3, Article 33 of the Law on Investment 2020 (this clause is supplemented by Clause 3, Article 3 of the Law on amendments to certain articles of the Law on Public Investment, the Law Public-private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special excise duties and the law on civil judgment enforcement 2022) stipulates:
- Assessment of the conformity of the investment project with national planning, regional planning, provincial planning, urban planning and special economic - administrative unit planning (if any);
- Assessment of the demand for land use;
- Preliminary assessment of the socio-economic efficiency of the project; and preliminary assessment of environmental impact (if any) in accordance with regulations of law on environmental protection;
- Assessment of investment incentives and conditions for enjoying investment incentives (if any);
- Assessment of the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;
- Assessment of conformity of the investment project with the objectives and orientation for urban development, and residential housing development programs and plans; preliminary plan for phasing of investment with a view to synchronism assurance; preliminary structure of residential housing products and provision of land for social residential housing development; preliminary plan for investment in construction and management of urban infrastructure inside and outside the project in the case of an project on investment in construction of residential houses and urban areas.
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