Which projects must apply for investment guidelines from the National Assembly in Vietnam?

Which projects must apply for investment guidelines from the National Assembly in Vietnam?

Pursuant to Article 30 of the Investment Law 2020, which stipulates the National Assembly’s power to approve investment guidelines

The National Assembly’s power to approve investment guidelines:

The National Assembly shall grant approval for investment guidelines of the following investment projects:

1. Investment projects that exert great effects or potentially serious effects on the environment, including:

a) Nuclear power plants;

b) Projects that require repurposing of land of special-use forests, headwater protection forests or border protection forest of at least 50 hectares; of sand-fixing and windbreak coastal forests or protection forests for wave prevention of at least 500 hectares; of production forests of at least 1,000 hectares;

2. Investment projects that require repurposing of land meant for wet rice cultivation during with 02 or more crops of at least 500 hectares;

3. Investment projects that require relocation of 20,000 people or more in mountainous areas or 50,000 people or more in other areas;

4. Investment projects that require application of a special mechanism or policy that needs to be decided by the National Assembly.

Thus, the list of projects that must request investment guidelines from the National Assembly includes:

(1) Investment guidelines that greatly affect the environment or have the potential to seriously affect the environment.

(2) Investment guidelines requiring change of land use purpose for wet rice cultivation of 02 or more crops with a scale of 500 hectares or more;

(3) Investment guidelines that require resettlement of 20,000 people or more in mountainous areas, or 50,000 people or more in other regions;

(4) Investment guidelines requiring the application of special mechanisms and policies.

Which projects must apply for investment guidelines from the National Assembly in Vietnam? (Image from the Internet)

What is list of projects that must request investment guideline from the Prime Minister in Vietnam?

Pursuant to Article 31 of the Investment Law 2020, amended and supplemented by Clause 1, Article 3 of the Law Amending the Law on Public Investment, the Law on Investment by Public-Private Partnership, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, Enterprise Law, Special Consumption Tax Law and Civil Judgment Enforcement Law 2022 regulate the Prime Minister’s power to approve investment guidelines:

The Prime Minister’s power to approve investment guidelines:

Except for the investment projects mentioned in Article 30 of this Law, the Prime Minister shall grant approval for investment guidelines of the following investment projects:

1. Investment projects regardless of capital sources in any one of the following cases:

a) Investment projects that require relocation of 10,000 people or more in mountainous areas or 20,000 people or more in other areas;

b) Investment projects on construction of: airports and aerodromes; runways of airports and aerodromes; international passenger terminals; cargo terminals of airports and aerodromes with a capacity of at least 1 million tonnes per year;

c) New investment projects on passenger air transport business;

d) Investment projects on construction of ports and wharves of special seaports; ports and wharves in which investment is at least VND 2,300 billion within the category of Class I seaports;

dd) Investment projects on petroleum processing;

e) Investment projects which involve betting and casino services, excluding business in prize-winning electronic games for foreigners;

g) Investment projects on construction of residential housing (for sale, lease or lease purchase) and urban areas that use at least 300 hectares of land or with a population of at least 50,000 people;

g1) Investment projects regardless of the area of land used or population within the safety perimeter of relics of level I recognized by the competent authority as the national and special national relics; or within the safety perimeter of relics of level II recognized by the competent authority as the special national relics under the World Heritage List;

h) Investment projects on construction and operation of infrastructure in industrial zones and export processing zones.

2. Foreign investors’ investment projects in the following fields: provision of telecommunications services with network infrastructure; afforestation; publication, press;

3. Investment projects which at the same time fall within the power of at least two provincial People's Committees to grant approval for investment guidelines;

4. Other investment projects subject to approval for their investment guidelines or subject to investment decision by the Prime Minister as prescribed by law.

Thus, except for investment projects that must request investment guidelines from the National Assembly. The Prime Minister has right to approve investment guidelines for the following projects:

- Investment guidelines regardless of capital sources are as follows:

+ Investment guidelines requiring resettlement of 10,000 people or more in mountainous areas, or 20,000 people or more in other regions;

+ New construction investment guidelines: airports, airfields; runways of airports and airfields; passenger terminal of international airport; Cargo terminals of airports and airfields with a capacity of 01 million tons/year or more;

+ New investment guideline for passenger transport business by air;

+ New construction investment guidelines: ports, harbor areas belonging to special seaports; Ports and port areas with investment capital of VND 2,300 billion or more belong to class 1 seaports;

+ Oil and gas processing investment guidelines;

+ Investment guidelines with betting and casino businesses, except for electronic games with prizes for foreigners;

+ Housing construction investment projects (for sale, lease, lease purchase), urban areas with land use scale of 300 hectares or more or population size of 50,000 people or more;

+ Investment projects in accordance with the provisions of law on cultural heritage regardless of the size of land area and population within the scope of protection area 1 of the relic recognized as a relic by competent authorities national, special national monuments; within the scope of protection area II of the relic recognized by competent authorities as a special national relic on the World Heritage List.

+ Investment projects on construction and business of infrastructure of industrial parks and export processing zones;

- Investment guidelines of foreign investors in the field of telecommunications services with network infrastructure, afforestation, publishing, and journalism;

- Investment guidelines that are simultaneously under the investment policy approval authority of 02 or more provincial-level People's Committees;

- Other investment guidelines under the authority of the Prime Minister's investment policy approval or investment decision.

What is list of projects that must apply for investment policies from the Provincial People's Committee in Vietnam?

Pursuant to Article 32 of the Investment Law 2020, amended and supplemented by Clause 2, Article 3 of the Law Amending the Law on Public Investment, the Law on Investment by Public-Private Partnership, the Law on Investment, the Law on Housing, the Law on Bidding, the Law on Electricity, Enterprise Law, Special Consumption Tax Law and Civil Judgment Enforcement Law 2022 regulate the power of provincial People’s Committees to approve investment guidelines:

The power of provincial People’s Committees to approve investment guidelines

1. Except for the investment projects set out in Articles 30 and 31 of this Law, the provincial People’s Committees shall grant approval for investment guidelines of the following investment projects:

a) Investment projects that request the State to allocate or lease out land without auction or bidding for or receipt of land use rights, and investment projects that request permission to repurpose land, except for cases of allocation, lease or permission for repurposing of land of households or individuals not subject to the written approval by the provincial People's Committee in accordance with regulations of law on land;

b) Investment projects on construction of residential housing (for sale, lease or lease purchase) and urban areas that use less than 300 hectares of land or with a population of less than 50,000 people;

b1) Investment projects regardless of the area of land used or population within the safety perimeter of relics of level II recognized by the competent authority as the national and special national relics; except for the special national relics under the World Heritage List; investment projects regardless of the area of land used or population within a restricted development area or within an historic inner area (determined in accordance with urban area planning projects) of a special urban area;

c) Projects on investment in golf course construction and business;

d) Investment projects of foreign investors and foreign-invested business organizations executed on islands or in border or coastal communes; in other areas affecting national defense and security.

2. The investment guidelines of the investment projects in Points a, b and d Clause 1 of this Article executed in industrial parks, export-processing zones, hi-tech zones and economic zones in conformity with planning approved by competent authorities shall be approved by management boards of such industrial parks, export-processing zones, hi-tech zones and economic zones.

3. The Government shall elaborate this Article.

Thus, except for projects that require investment guidelines from the National Assembly and the Prime Minister. The list of projects that must apply for investment guidelines from the Provincial People's Committee includes:

- Investment guidelines that request the State to allocate or lease land without auction, bidding or transfer, investment projects that request permission to change land use purposes, except in cases of land allocation, leasing land, allowing change of land use purpose for households and individuals who are not required to have written approval from the Provincial People's Committee according to the provisions of land law;

- Housing construction investment guidelines (for sale, lease, lease purchase), urban areas with land use scale of less than 300 hectares and population size of less than 50,000 people;

- Investment guidelines in accordance with the provisions of law on cultural heritage regardless of the size of land area and population within the scope of protection area 2 of the relic recognized as a relic by competent authorities national, special national monuments.

- Golf course construction and business investment project;

- Investment guidelines of foreign investors and foreign-invested economic organizations implemented in islands and border communes, wards and towns; coastal communes, wards and towns; other areas that affect national defense and security.

Best regards!