Proposal form for the investment project of the Ministry of Planning and Investment of Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. Application for approval for investment guidelines of an investment project prepared by a competent authority in Vietnam

According to the provisions of Clause 2, Article 33 of the Investment Law 2020, 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);

+ 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.

Thus, the dossier requesting approval of investment policy for an investment project prepared by a competent state agency includes papers and documents such as:

- An application for approval for investment guidelines

- Proposal for the investment project with main content: objectives, scale, investment capital, location, progress, efficiency, environmental impact assessment, investor selection, preferential policies

- Or pre-feasibility study report to replace Project proposal (if any)

2. Latest proposal form for the investment project of the Ministry of Planning and Investment of Vietnam

Latest proposal form for the investment project (Form A.I.2; Circular 25/2023/TT-BKHDT):  Download 

3. Procedures for approval for investment guidelines of the investment projects by the Provincial People's Committee

According to Clause 4, Article 31 of Decree 31/2021/ND-CP, the competent authorities that prepare applications for approval for investment guidelines of the investment projects include:

- Ministries, ministerial agencies and provincial People’s Committees, which prepare applications for approval for investment guidelines of projects subject to approval for their investment guidelines by the National Assembly and the Prime Minister;

- Specialized agencies of provincial People’s Committees; district-level People’s Committees; industrial park management boards, export-processing zones, hi-tech zones and economic zones, which prepare applications for approval for investment guidelines of projects subject to approval for their investment guidelines by provincial People’s Committees.

The order and procedures for approving investment policies of the Provincial People's Committee are as follows:

Step 1: The application specified in Section 1 shall be submitted to the investment registration authority.

Within 35 days from the receipt of the application, the investment registration authority shall notify results to the investor.

Step 2: Within 03 working days from the date on which the sufficient application is received, the investment registration authority shall send relevant documents to relevant regulatory agencies to seek their opinions about the contents specified in Article 33 of Investment Law 2020.

Step 3: Within 15 days from receipt of the written request for opinions, the requested agencies shall send their appraisal opinions on the contents under their management to the investment registration authority.

Step 4: Within 25 days from the receipt of the application, the investment registration authority shall prepare an appraisal report with the contents prescribed in Article 33 of this Law and submit it to the provincial People's Committee.

Step 5: Within 07 working days from the receipt of the application and the appraisal report, the provincial People’s Committee shall grant the investment guideline approval, or provide a written explanation in the case of refusal. (Pursuant to Article 36 of the Investment Law 2020)

Note: The provincial People’s Committee shall consider granting investment guideline approval comprising the contents set out in Clause 1 Article 3 of the Investment Law 2020.

Best regards!

Please Login to be able to download