Chương VI Nghị định 15/2015/NĐ-CP: Thủ tục đăng ký đầu tư và thành lập doanh nghiệp dự án

Chapter VI

PROCEDURES FOR INVESTMENT REGISTRATION AND PROJECT ENTERPRISE ESTABLISHMENT

Article 39. Authority to issue, adjust and revoke the investment registration certificate

1. Ministry of Planning and Investment is in charge of the issuance, adjustment and revocation of the investment registration certificate of:

a) The projects of national importance;

b) The projects that are signed by a Ministry, a regulatory body or an authorized agency;

c) The projects that involve multiple provinces.

2. Provincial People's Committees is in charge of the issuance, adjustment and revocation of the investment registration certificate of the projects other than those specified in Clause 1 of this Article.

3. The procedures for the issuance of investment registration certificate do not apply to group C projects.

Article 40. Application, procedures for issuance, adjustment and revocation of investment registration certificate

1. Application for the investment registration certificate shall include:

a) A written request for the investment registration certificate;

b) The investment agreement and a draft project contract;

c) A feasibility study report and decision on the project approval;

d) A written approval to use the State funding (if any);

dd) A joint-venture contract and a draft of project enterprise’s charters (if any);

e) Decision on investor selection.

2. Each investor shall submit 5 application packages. (01 original) to an agency specified in Article 39 of this Decree.

3. Any agency prescribed in Article 39 of this Decree must grant the investment registration certificate within 25 days of receipt of valid documents included in such application.

4. Ministry of Planning and Investment shall specify the application, procedures for the issuance, amendment and revocation of investment registration certificate.

Article 41. Contents of the investment registration certificate

1. Investment registration certificate shall include the following principal contents:

a) Name and address of the investor;

b) Name of the project;

c) The target, scope, requirements and conditions for the execution of the project (if any);

d) Location of the project and land use acreage;

dd) The total investment in the project; capital structure;

e) The duration and the progress of the project;

g) The value, proportion, progress and conditions for disbursement of government investment in the project (if any);

h) The investment incentives (if any).

2. With regard to the BT projects, in addition to the content of the project of infrastructure construction prescribed in Clause 1 of this Article, the investment registration certificate shall include the regulation on the conditions for the execution of other projects.

3. Other projects shall follow required procedures for issuance of the investment registration certificate according to the regulations on investment.

Article 42. Establishment of project enterprises

1. After being issued with the investment registration certificate, investors shall establish a project enterprise to execute the project according to the target, scope as agreed upon in the project contract. Documents and procedures for the establishment of project enterprise shall adhere to the regulations pertaining enterprises.

2. With regard to the projects carried out under the BT contract or the group C project, investors shall establish a project enterprise according to the regulation in Clause 1 of this Article or directly execute the project, but shall be required to carry out independent management and make accounting report on the capital and project-related activities.