The National Assembly passed Law No. 03/2022/QH15 amending and supplementing the Law on Investment and a number of other laws. Accordingly, there are 04 points amending and supplementing the Law on Investment to know as follows:
Article table of contents
04 points amending and supplementing the Investment Law 2020 need to know (Illustration image)
1. Adding 01 lines of business investment with conditions
In Clause 5, Article 3 of Law No. 03/2022/QH15 , the line number 132a is added after ordinal number 132 of Appendix IV to the List of conditional business lines and industries as follows:
Trading in network security products and services (excluding trading in network information security products and services and trading in civil cryptographic products and services).
Thus, from March 1, 2022, trading in network security products and services is a conditional business and investment industry.
2. More projects under the Prime Minister's authority to approve investment policies
According to Clause 1, Article 3 of Law No. 03/2022/QH15 amending and supplementing point g and adding point g1 after point g, Clause 1, Article 31 of the Law on Investment , the Prime Minister approves the investment policy of the project investment regardless of capital source in one of the following cases:
- Investment projects on construction of houses (for sale, lease, lease-purchase), urban areas with a land use scale of 300 hectares or more or a population of 50,000 or more;
(Currently, Point g, Clause 1, Article 31 of the Law on Investment stipulates that investment projects to build houses (for sale, lease, or lease-purchase) and urban areas in the following cases: investment projects of large scale using land of 50 ha or more or with a scale of less than 50 ha but with a population of 15,000 or more in urban areas; investment projects with a scale of land use of 100 ha or more or with a large scale under 100 hectares but with a population of 10,000 or more in a non-urban area; investment projects regardless of land area size and population within the protection scope of the relic approved by a competent authority recognized as national relic, special national relic)
- The investment project is in accordance with the provisions of the law on cultural heritage, regardless of the size of the land area, the population within the protection zone I of the relic recognized as a relic by the competent authority. national, special national monuments; within the protection zone II of the relic recognized by the competent authority as a special national relic on the list of world heritage sites. (New content added)
3. Supplementing projects under the authority to approve investment policies of the People's Committee of the province
According to Clause 2, Article 3 of Law No. 03/2022/QH15 , projects under the authority to approve investment policies of the provincial People's Committees are amended and supplemented as follows:
- Investment projects on construction of houses (for sale, lease, or lease-purchase), urban areas with a land use scale of less than 300 hectares and a population of less than 50,000 people;
(Currently, Point b, Clause 1, Article 32 of the Law on Investment stipulates that investment projects to build houses (for sale, lease, lease-purchase) and urban areas in the following cases: investment projects with large scale use using less than 50 hectares of land and having a population of less than 15,000 people in urban areas; investment projects using less than 100 hectares of land and with a population of less than 10,000 people in non-urban areas Investment projects regardless of land area size, population in restricted development areas or historic inner cities (defined in urban planning projects) of special urban areas).
- The investment project is in accordance with the provisions of the law on cultural heritage, regardless of the size of the land area and population within the protected area II of the relic recognized as a relic by the competent authority. national and special national relics, except for special national relics on the list of world heritages; investment projects regardless of land area size, population in restricted development areas or historic inner cities (defined in urban planning projects) of special urban areas. (New content added)
Note: From March 1, 2022, a valid application for approval and adjustment of investment policies in housing construction investment projects (for sale, for lease, or for lease-purchase) is required, and urban areas. under the authority to approve investment policies of the Prime Minister according to the provisions of Article 31 of the Law on Investment, now under the authority to approve investment policies of the People's Committees of the province according to the above provisions have received and expired. settlement but have not returned results according to the provisions of the Law on Investment , continue to comply with the provisions of the Law on Investment .
4. Supplementing contents of appraisal of application for approval of investment policy
From March 1, 2022, the appraisal content of the proposal for approval of the investment policy includes the following contents:
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 (according to Clause 3, Article 3 of Law No. 2022/QH15 ).
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