From February 10, 2025, what does the dossier for adjusting the operational objectives of a project following special investment procedures in Vietnam include?

From February 10, 2025, what does the dossier for adjusting the operational objectives of a project following special investment procedures in Vietnam include?

On February 10, 2025, the Government of Vietnam issued Decree 19/2025/ND-CP detailing the Investment Law on special investment procedures.

Article 5 of Decree 19/2025/ND-CP stipulates the adjustment of investment projects as follows:

Article 5. Adjustment of investment projects

1. The adjustment of the operational objectives of the project shall be carried out in accordance with the corresponding regulations in Article 3 of this Decree. The adjustment dossier includes:

a) A document requesting the adjustment of the investment project, including commitments to meet conditions, standards, and regulations as per laws on construction, environmental protection, and fire prevention;

b) An explanation or provision of documents related to the adjustment of the project's operational objectives;

c) A report on the status of project implementation up to the time of adjustment.

2. Adjustments to investment projects in cases not specified in Clause 1 of this Article shall proceed in accordance with the corresponding regulations of the Investment Law and Decree No. 31/2021/ND-CP dated March 26, 2021, of the Government of Vietnam detailing and guiding the implementation of certain articles of the Investment Law, including a dossier that entails commitments to meet conditions, standards, and regulations as stipulated by laws on construction, environmental protection, and fire prevention.

3. The objectives of the investment project after adjustments must belong to the fields specified in Clause 1, Article 36a of the Investment Law.

Thus, the adjustment of the operational objectives of the project shall be carried out in accordance with the corresponding regulations in Article 3 of Decree 19/2025/ND-CP. The adjustment dossier includes:

- A document requesting the adjustment of the investment project, including commitments to meet conditions, standards, and regulations as per laws on construction, environmental protection, and fire prevention;

- An explanation or provision of documents related to the adjustment of the project's operational objectives;

- A report on the status of project implementation up to the time of adjustment.

What are procedures for registering to issue the Investment Registration Certificate under special investment procedures from February 10, 2025 in Vietnam?

According to Article 3 of Decree 19/2025/ND-CP, the procedures for registering to issue the Investment Registration Certificate in Vietnam are implemented as follows:

(1) Regarding the dossier for registering the issuance of the Investment Registration Certificate: It is implemented according to the provisions in Clause 2, Article 36a of the Investment Law 2020, supplemented at Clause 8, Article 2 of the Law amending and supplementing certain articles of the Law on Planning, Investment Law, Law on Public-Private Partnership Investment, and Bidding Law 2024 (hereinafter referred to as the Investment Law) and the contents stipulated in (2).

(2) The investor's commitments in the document requesting project implementation include the following contents:

- The relevant conditions, standards, and technical regulations as stipulated by laws on construction, environmental protection, and fire prevention;

- A preliminary assessment of the project's conformity with the conditions, standards, and technical regulations stipulated at point a of this clause;

- Commitments regarding the fulfillment of the conditions, standards, and technical regulations stipulated at point a of this clause, non-engagement in prohibited acts as prescribed by laws on construction, environmental protection, fire prevention, and taking full responsibility in case of non-compliance with the commitments.

(3) Submission of dossiers:

- Investors submit 01 set of dossiers for registering the issuance of the Investment Registration Certificate specified in Clause 1, Article 3 of Decree 19/2025/ND-CP to the Management Boards of industrial parks, export processing zones, hi-tech zones, economic zones (hereinafter collectively referred to as the Management Boards).

- The Management Board considers, evaluates, and issues the Investment Registration Certificate in accordance with the provisions in Clause 4, Article 36a of the Investment Law.

- The Investment Registration Certificate, along with the investor's commitments, is simultaneously sent to the competent state management agency regarding construction order, environmental protection, and fire prevention at the locality.

(4) The assessment of project conformity with planning stipulated at point b, clause 3, Article 36a of the Investment Law is conducted as follows:

- Assess the conformity of the project with the subdivision planning of industrial parks, export processing zones, hi-tech zones, concentrated information technology zones, and free trade zones.

In cases where the project is proposed in areas not required to establish subdivision planning or where subdivision planning requires adjustments and has not been approved by a competent authority, the assessment of the project's conformity with the general planning of the city; district-level town; commune-level town; new urban area; district or commune that has been approved is excepted in cases stipulated at point c, clause 4, Article 3 of Decree 19/2025/ND-CP;

- In cases where the project is proposed to be implemented in functional zones within economic zones, the assessment of the project's conformity with the overall planning of the economic zone or the overall planning of the city or district-level town that has been approved is excepted in cases stipulated at point c, clause 4, Article 3 of Decree 19/2025/ND-CP;

- For industrial parks, export processing zones, hi-tech zones, concentrated information technology zones, free trade zones, and functional zones within economic zones with valid subdivision planning as stipulated by the Law on Urban and Rural Planning 2024, assess the project's conformity with the subdivision planning.

(5) For projects proposing the State to lease land or allow the conversion of land use purposes, assess the compliance with the conditions for leasing land, land use purpose conversion as prescribed by the land law; the appropriateness of land use demand with objectives, scale, investment capital, location, and implementation schedule of the project.

(6) The content of the Investment Registration Certificate is implemented according to the provisions in Article 40 of the Investment Law, which includes the investor's commitments.

(7) The economic organization established by a foreign investor pursuant to Clause 5, Article 36a of the Investment Law must register industries and trades of investment and business in accordance with the provisions in Clause 1, Article 36a of the Investment Law and shall only adjust the content of enterprise registration to supplement other business investment sectors after being granted the Investment Registration Certificate as stipulated in Clause 3, Article 3 of Decree 19/2025/ND-CP.

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