On February 10, 2025, the Government of Vietnam issued Decree 19/2025/ND-CP detailing the Law on Investment regarding special investment procedures, which includes regulations on the procedures for registering the issuance of Investment Registration Certificates.
The regulations on implementing investment projects following special investment procedures in Vietnam are as follows:
- The investor is responsible for executing the project in accordance with the provisions in the Investment Registration Certificate, commitments on construction, environmental protection, fire prevention, and fighting, and is liable for any failure to fulfill their commitments.
In the event that the project does not meet the committed conditions, standards, and technical regulations, the competent state authority shall consider imposing administrative penalties, suspending, terminating activities, or implementing other forms of handling as prescribed by law.
- Investment projects subject to environmental impact assessment registration according to the provisions of the Law on Environmental Protection as specified in Article 36a of the Law on Investment do not require the investor to prepare an environmental impact assessment report. However, if the project is subject to an Environmental Permit, the investor must proceed as follows:
+ Carry out procedures for obtaining the Environmental Permit before commencing construction at the competent state authority approving the results of environmental impact assessment reports corresponding to projects required to prepare such reports in accordance with environmental protection laws;
+ The order and procedures for obtaining the Environmental Permit shall be carried out in accordance with the provisions of environmental protection laws applicable to investment projects not subject to environmental impact assessment.
- For projects required to register the environment, investors must register the environment in accordance with point b, clause 6, Article 49 of the Law on Environmental Protection.
- Supervision and evaluation of investment projects:
+ Investors organize their own supervision and evaluation of investment projects; Management boards, state investment management agencies, and specialized state management agencies carry out supervision and evaluation of investment projects within the scope of their functions, tasks, and powers;
+ The implementation of supervision and evaluation of investment projects is conducted in accordance with the provisions of the investment laws and other related laws.
- The management board performs its duties and powers in accordance with the law and is responsible for:
+ Notifying investors in writing of any arising issues before commencement and during the project implementation process;
+ Resolving according to their authority or promptly notifying competent state authorities to resolve issues that arise during the implementation and execution of investment projects;
+ Coordinating with competent state authorities or performing as authorized activities to inspect, supervise, and evaluate the investor's commitment to construction, environmental protection, technology transfer, fire prevention, and fighting as prescribed by law.
Refer to the detailed content in Decree 19/2025/ND-CP effective from February 10, 2025.
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