Procedures for confirming investment projects meet the hi-tech operation principle in hi-tech parks in Vietnam

Procedures for confirming investment projects meet the hi-tech operation principle in hi-tech parks in Vietnam (Internet image) 

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

On March 5, 2024, the Minister of Science and Technology issued Decision 311/QD-BKHCN announcing new administrative procedures in the field of scientific and technological activities under the management scope of the Ministry of Science and Technology.

Procedures for confirming investment projects meet the hi-tech operation principle in hi-tech parks in Vietnam

Procedures for confirming investment projects meet the hi-tech operation principle in hi-tech parks are detailed as follows:

(1) Implementation process:

- Investors prepare 01 set of documents to register for confirmation of investment projects meeting the hi-tech operation principle and submit it to the hi-tech park management board.

- Within 01 working day from the date of receiving sufficient documents, the hi-tech park management board sends the documents to collect opinions from relevant agencies as follows:

+ For hi-tech parks specified in Article 31 of the Law on High Technologies, the hi-tech park management board sends the documents to collect opinions from the Departments of Science and Technology, Planning and Investment, Natural Resources and Environment, and other relevant agencies based on their respective scope and fields;

+ For high-tech agriculture application areas specified in Article 32 of the Law on High Technologies, the hi-tech park management board sends the documents to collect opinions from the Departments of Agriculture and Rural Development, Science and Technology, Planning and Investment, Natural Resources and Environment, and other relevant agencies based on their respective scope and fields.

- Within 07 working days from the date of receiving sufficient documents, the agency collecting opinions provides opinions on compliance with the principles and criteria specified in Articles 28 and 35 of Decree 10/2024/ND-CP on hi-tech parks for each type of investment project accordingly.

- Within 15 working days from the date of receiving sufficient documents, the hi-tech park management board conducts an evaluation and prepares an evaluation report on compliance with the principles specified in Articles 28 and 35 of Decree 10/2024/ND-CP on hi-tech parks for each type of investment project accordingly.

- In case the evaluation result meets the requirements, within 01 working day, the hi-tech park management board sends a confirmation letter to the investor and the infrastructure investor to serve as a basis for land leases, factory, office, and warehouse rental.

In case the registration documents are incomplete, invalid, or the evaluation result does not meet the requirements as specified in this Article 5, within 01 working day from the date of receiving the registration documents or obtaining the evaluation result of the investment project, the hi-tech park management board informs the investor and the infrastructure investor in writing, stating the reasons for not meeting the requirements.

(2) Implementation method: Submitting documents directly or via postal services.

(3) Components and quantity of documents:

- Components of documents:

+ Request document for implementing the investment project, including a commitment to bear all costs and risks if the investment project does not meet the requirements;

+ Legal personality documents of the investor;

+ Investment project proposal, including the following main contents: explanation and commitment to meet the principles and criteria specified in Articles 28 and 35 of Decree 10/2024/ND-CP dated February 1, 2024, on hi-tech parks; objectives, scale, capital, investment progress; labor and land use needs; proposed investment incentives; preliminary environmental impact assessment;

+ Other relevant documents (if any).

- Quantity of documents: 01 set of documents.

(4) Processing time: 24 working days.

(5) Subjects implementing administrative procedures: Investors implementing hi-tech operations in hi-tech parks.

(6) Agency implementing administrative procedures: Competent authority: Hi-tech park management board.

(7) Result of implementing administrative procedures: Confirmation letter of investment projects meeting the hi-tech operation principle.

(8) Fee: None.

(9) Template name, declaration form: None.

(10) Requirements, conditions for implementing administrative procedures:

Investment projects implementing hi-tech operations in hi-tech parks are not subject to the requirement to implement procedures for approving investment policies or issuing Investment Registration Certificates as specified in Clause 4, Article 19 of Decree 10/2024/ND-CP on hi-tech parks.

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