10:50 | 19/04/2024

What is the latest investment project proposal form in Vietnam under the Circular 25/2023/TT-BKHDT?

What is the latest investment project proposal form in Vietnam under the Circular 25/2023/TT-BKHDT? - asked Mrs. T (Hanoi)

What is the latest investment project proposal form in Vietnam under the Circular 25/2023/TT-BKHDT?

The Minister of Planning and Investment issued Circular 25/2023/TT-BKHDT dated December 31, 2023 amending Circular 03/2021/TT-BKHDT on prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities.

Thus, the latest Investment project proposal form is made according to form A.I.2 in Appendix A of Circular 25/2023/TT-BKHDT.

Note: Investment project proposal form is applicable to projects subject to their investment guidelines set up by competent authorities

Download the latest Investment project proposal form

What is the latest investment project proposal form in Vietnam under the Circular 25/2023/TT-BKHDT? (Image from the Internet)

What is the dossier and content of the request for approval of the investment policy of an investment project prepared by a competent state agency?

Pursuant to the provisions of Article 33 of the Law on Investment 2020 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 on applications for and contents of appraisal of requests for investment guideline approval. Specifically:

Application for approval for investment guidelines of an investment project prepared by a competent authority

An application for approval for investment guidelines of an investment project prepared by a competent authority includes:

- An application for approval for investment guidelines;

- Proposal for the investment project including the following main contents: 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, conditions for land expropriation if the project is subject to land expropriation, expected demand for land use (if any); preliminary assessment of environmental impact (if any) in accordance with the law on protection of the environment protection; expected method of investor selection and conditions applicable to the investor (if any); and special mechanisms and policies (if any).

If the law on construction requires formulation of a pre-feasibility study report, the competent authority is entitled to submit the pre-feasibility study report instead of a proposal for the investment project.

Contents of appraisal of the request for investment guideline approval

Contents of appraisal of the request for investment guideline approval include:

- 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.

- Assessment of the suitability of the investment project with the requirements of protecting and promoting the value of cultural heritage and the conditions prescribed by the law on cultural heritage

How long is the duration of investment projects in Vietnam?

Pursuant to Article 44 of the Law on Investment 2020, the duration of investment projects is prescribed as follows:

- The duration of an investment project inside an economic zone shall not exceed 70 years.

- The duration of an investment project outside an economic zone shall not exceed 50 years. The duration of an investment project in a disadvantaged area or extremely disadvantaged area or a project with large investment capital but with slow rate of capital recovery may be longer but shall not exceed 70 years.

Note: If an investment project uses land allocated or leased out by the State, but the transfer of land is delayed, the delay shall not be included in the project duration or execution schedule.

Thư Viện Pháp Luật

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