Procedures for public disclosure of land-based investment projects for projects not subject to approval for their investment guidelines proposed by the investor in Vietnam

Procedures for public disclosure of land-based investment projects for projects not subject to approval for their investment guidelines proposed by the investor in Vietnam
Nguyen Thi Diem My

The procedures for public disclosure of land-based investment projects for projects not subject to approval for their investment guidelines proposed by the investor in Vietnam are stipulated in Decision 2290/QD-BKHDT 2024.

Procedures  for  Public  Announcement  of  Investment  Projects  Using  Land  for  Projects  Not  Subject  to  Investment  Policy  Approval  as  Proposed  by  Investors

Procedures for public disclosure of land-based investment projects for projects not subject to approval for their investment guidelines proposed by the investor in Vietnam (Image from the internet)

1. Procedures for public disclosure of land-based investment projects for projects not subject to approval for their investment guidelines proposed by the investor in Vietnam (Central Level)

* Application Components:

- The investor's proposal Application for an investment project using land includes the following information:

(i) Project name; objectives; investment scale; investment capital;

(ii) Project implementation location; current land use status, project land area; land use purpose; approved planning indicators;

(iii) Project duration, implementation progress; preliminary plan for phased investment or division into component projects (if any); implementation progress of the project for each phase (if any);

(iv) Other related content (if any).

- Application components include:

(i) Written request to implement the investment project, including a commitment to bear all costs and risks if the project is not approved;

(ii) Documents proving the legal status of the investor;

(iii) Documents proving the financial capacity of the investor including at least one of the following documents: financial statements of the last 2 years of the investor; financial support commitment from the parent company; financial support commitment from a financial organization; guarantee of the investor's financial capacity; other documents proving the investor's financial capacity.

* Implementation Sequence:

(i) The investor prepares a project proposal Application. The investor bears all costs of preparing the project proposal Application;

(ii) The investor submits directly or via postal service 4 sets of project proposal Applications to the agency/unit assigned by the Minister, Head of a Ministerial-level Agency, or other authorities as stipulated by law to receive and review the investor's project proposal Application;

In case the Ministry, Ministerial-level Agency, or other authority has issued a decision assigning an agency/unit to receive the project proposal Application, the investor submits to that agency/unit;

(iii) Within 25 days from the date of assignment, the agency/unit reviews the suitability of the project proposal Application and submits it to the competent authority for approval of the project information to use land;

(iv) The Ministry, Ministerial-level Agency, or other authority establishes and assigns operation accounts for the subordinate agencies/units to post the project information using land on the National Procurement Network System within no more than 5 working days from the date of project information approval.

2. Procedures for public disclosure of land-based investment projects for projects not subject to approval for their investment guidelines in Vietnam (Provincial Level)

* Application Components:

- The investor's proposal Application for an investment project using land includes the following information:

(i) Project name; objectives; investment scale; investment capital;

(ii) Project implementation location; current land use status, project land area; land use purpose; approved planning indicators;

(iii) Project duration, implementation progress; preliminary plan for phased investment or division into component projects (if any); implementation progress of the project for each phase (if any);

(iv) Other related content (if any).

- Application components include:

(i) Written request to implement the investment project, including a commitment to bear all costs and risks if the project is not approved;

(ii) Documents proving the legal status of the investor;

(iii) Documents proving the financial capacity of the investor including at least one of the following documents: financial statements of the last 2 years of the investor; financial support commitment from the parent company; financial support commitment from a financial organization; guarantee of the investor's financial capacity; other documents proving the investor's financial capacity.

* Implementation Sequence:

(i) The investor prepares a project proposal Application. The investor bears all costs of preparing the project proposal Application;

(ii) The investor submits the Application in one of the following two cases:

- For investment projects for which the provincial People's Committee is the competent authority, the investor submits directly or via postal service 4 sets of project proposal Applications to the Department of Planning and Investment. Within 3 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 consolidate and review the investor's project proposal Application;

- For investment projects for which the Economic Zone Management Board is the competent authority, the investor submits directly or via postal service 4 sets of project proposal Applications to the agency/unit assigned by the Head of the Economic Zone Management Board to receive and review the investor's project proposal Application;

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

(iii) Within 25 days from the date of assignment, the agency/unit reviews the suitability of the project proposal Application and submits it to the competent authority for approval of the project information to use land;

(iv) The competent authority establishes and assigns operation accounts for the subordinate agencies/units to post the project information using land on the National Procurement Network System within no more than 5 working days from the date of project information approval.

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