Update on procedures for announcing land-based investment projects not subject to approval for their investment guidelines at province level in Vietnam

Update on procedures for announcing land-based investment projects not subject to approval for their investment guidelines at province level in Vietnam
Anh Hào

On September 24, 2024, the Ministry of Planning and Investment of Vietnam issued Decision 2290/QD-BKHDT announcing new and amended, annulled, cancelled administrative related to investor selection under the scope and management function of the Ministry.

Update on procedures for announcing land-based investment projects not subject to approval for their investment guidelines at province level in Vietnam

According to Decision 2290/QD-BKHDT in 2024, the procedures for announcing land-based investment projects not subject to approval for their investment guidelines in Vietnam arre carried out as follows:

* Implementation Procedure:

Step 1: The investor prepares a project proposal dossier. The investor bears all costs of preparing the project proposal dossier;

The investor submits the dossier in one of the following cases:

- For investment projects under the authority of the provincial People's Committee, the investor submits directly or via postal service 04 sets of project proposal dossiers to the Department of Planning and Investment. Within 03 working days from the date of receipt of the project proposal, the Department of Planning and Investment reports to the Chairman of the provincial People's Committee to assign a specialized agency to compile and review the investor's project proposal dossier;

- For investment projects under the authority of the Economic Zone Management Board, the investor submits directly or via postal service 04 sets of project proposal dossiers to the agency or unit tasked by the Head of the Economic Zone Management Board to receive and review the investor's project proposal dossier;

In case the provincial People's Committee or the Economic Zone Management Board has issued a decision to assign an agency or unit to receive the project proposal dossier, the investor submits it to that agency or organization;

Step 2: Within 25 days from the date of being assigned the task, the agency or unit reviews the suitability of the project proposal dossier and submits it to the competent authority for approval of investment project information utilizing land;

Step 3: The competent authority creates and assigns operation accounts to agency units for posting investment project information utilizing land on the National Bidding Network System within no later than 05 working days from the date of information approval.

* Dossier Components:

- The investor’s project proposal dossier must include the following information:

+ Project name; objectives; investment scale; investment capital;

+ Project location; current land use status, area of the project land; land use purpose; approved planning indicators;

+ Project duration, implementation schedule; preliminary investment disbursement plan or division of the project into phases (if any); implementation schedule for each phase (if any);

+ Other relevant contents (if any).

- Dossier contents include:

+ Document requesting the implementation of the investment project, including a commitment to bear all costs and risks if the project is not approved;

+ Documentation on the legal status of the investor;

+ Documents proving the investor's financial capability, including at least one of the following: the financial statements of the last 02 years of the investor; financial support commitment from the parent company; financial support commitment from financial institutions; financial capability guarantee of the investor; other documents proving the investor's financial capability.

* Fees (if any and the regulation document on fees): None

More details can be found in Decision 2290/QD-BKHDT of Vietnam issued on September 24, 2024.

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