Chapter X
INVESTMENT LICENSING PROCEDURES
Article 104.- The investment licensing process
1. Foreign investment projects in Vietnam shall be approved in form of investment licenses. The investment licenses are issued in set forms by the Ministry of Planning and Investment.
2. The granting of investment licenses shall comply with one of the two following processes:
a) Registration for investment licensing;
b) Appraisal of investment licensing.
Article 105.- Conditions on projects subject to investment licensing registration
1. The projects subject to investment licensing registration shall also have to satisfy the following conditions:
a) They do not belong to Group A as provided for in Article 114 of this Decree;
b) They are in line with the approved planning;
c) They are not on the list of projects subject to the elaboration of report on environmental impact assessment.
2. Apart from the conditions prescribed in Clause 1 of this Article, the projects subject to investment licensing registration shall have to satisfy one of the following conditions:
a) Exporting all products;
b) Investing in industrial parks, meeting the requirements on export percentage as stipulated by the Ministry of Planning and Investment;
c) Belonging to the production fields with the investment capital of up to USD 5 million and having the export percentage of 80% or more.
3. The investment licensing bodies must not refuse to grant the investment licenses to projects which satisfy all conditions on investment licensing registration.
4. The other projects shall be subject to the appraisal of investment licensing.
Article 106.- Registration for investment licensing
1. The dossier of registration for investment license granting shall include:
a) The application for investment licensing registration;
b) The joint-venture contract and Charter of the joint-venture enterprise or the Charter of the enterprise with 100% foreign investment capital or the business cooperation contract;
c) The documents certifying the legal status and financial situation of the parties.
2. The dossier of registration for investment licensing shall be made in 5 sets, including at least 1 original, which shall all be submitted to the investment licensing body.
3. Within 15 working days after the receipt of valid dossiers, the investment licensing bodies shall notify their decisions of approval in form of investment licenses.
The Ministry of Planning and Investment shall issue documents guiding the compilation of the project dossiers of registration for investment licensing.
Article 107.- Dossiers of appraisal of investment licensing
1. The dossier of appraisal of investment licensing shall include:
a) The application for investment licensing;
b) The joint-venture contract and Charter of the joint-venture enterprise or the Charter of the enterprise with 100% foreign investment capital or the business cooperation contract;
c) The eco-technical exposition;
d) The documents certifying the legal status and financial situation of the joint-venture parties, the business cooperation parties, the foreign investors;
e) The documents related to the technology transfer (if any).
2. The dossier shall be made in 12 sets for Group A projects or 8 sets for Group B projects, including at least 1 original, which shall all be submitted to the investment licensing body.
The Ministry of Planning and Investment shall issue documents guiding the compilation of dossiers of foreign investment projects.
Article 108.- Contents of investment project appraisal
The contents of investment project appraisal shall include:
1. The legal status and financial capabilities of foreign and Vietnamese investors.
2. The project’s conformity with the planning.
3. The socio-economic benefits (the possibility of creating new production capability, new production lines, occupations and new products; market expansion; the possibility of creating jobs for laborers; the economic benefits of the project and budget remittances..).
4. The levels of techniques and technologies to be applied, the rational use and protection of resources, the protection of ecological environment.
5. The rationality of the use of land and valuation of assets contributed as capital of the Vietnamese party (if any).
Article 109.- The process of appraising investment projects licensed by the Ministry of Planning and Investment
1. For Group A projects, the Ministry of Planning and Investment shall gather comments thereon from the concerned ministries, branches and provincial-level People’s Committees before submitting them to the Prime Minister for consideration and decision. In case of divergence of opinions on important issues of the projects, the Ministry of Planning and Investment shall organize consultative meetings with competent representatives of concerned agencies to consider the projects before they are submitted to the Prime Minister. Depending on each specific case, the Prime Minister may request the State Council for Appraisal of Investment Projects to study and provide consultancy so that the Prime Minister shall consider and decide it;
2. For Group B projects falling under the deciding competence of the Ministry of Planning and Investment, the said Ministry shall gather comments from the concerned ministries, branches and provincial-level People’s Committees before considering and deciding them.
3. Project appraisal time limits:
a) Within 3 working days after receiving the valid dossier, the Ministry of Planning and Investment shall send the dossier to the concerned ministries, branches and provincial-level People’s Committees for comments;
b) Within 15 working days after receiving the valid dossier, the ministries, branches and provincial-level People’s Committees shall send their written comments to the Ministry of Planning and Investment on the project contents belonging to their respective fields of management; if past the above-said time limit they fail to send any written comments, they shall be considered as having approved the projects;
c) For Group A projects, within 30 working days after receiving the valid dossiers, the Ministry of Planning and Investment shall submit its appraisals to the Prime Minister. Within 10 working days after receiving the reports of the Ministry of Planning and Investment, the Prime Minister shall issue decisions on the projects. Within 5 working days after receiving the Prime Minister’s decisions, the Ministry of Planning and Investment shall notify the investors of the decisions on the granting of investment licenses to their projects;
d) For Group B projects, within 30 working days after receiving the valid dossiers, the Ministry of Planning and Investment shall complete the project appraisal and grant the investment licenses.
The above time limit does not include the time during which the investors amend and/or supplement the dossiers of application for the investment licenses.
All requests of the Ministry of Planning and Investment for amendments and supplements to the project dossiers by the investors shall be made in writing within 20 working days after the receipt of valid dossiers.
If past the above time limit no investment license is granted, the Ministry of Planning and Investment shall send its written notice thereon to the investors clearly stating the reasons therefore, and concurrently to the concerned agencies.
4. The granting of investment licenses to projects in industrial parks, export processing zones and hi-tech parks shall be effected under the mechanism of authorization by the Ministry of Planning and Investment.
Article 110.- The appraisal process applicable to investment projects licensed by the provincial-level People’s Committees
1. The project appraisal contents shall comply with Article 108 of this Decree.
2. The time limits for project appraisal and investment licensing:
a) Within 3 working days after receiving the valid dossiers, the provincial-level People’s Committees shall send the project dossiers to the ministries which manage the economic and technical branches and concerned ministries and branches for comments on the projects;
b) Within 15 working days after receiving the valid dossiers, the ministries and branches shall send their written comments to the provincial-level People’s Committees on the project contents falling into the fields of their management; if past the above time limit, they fail to send any written comments, they are considered as having approved the projects;
c) Within 30 working days after receiving the valid dossiers, the provincial-level People’s Committees shall complete the project appraisal and grant the investment licenses.
The above time limit does not include the time for the investors to amend and/or supplement the dossiers of application for investment licenses.
All requests of the provincial-level People’s Committees for amendments and/or supplements to the project dossiers by the investors shall be made in writing within 20 working days after the receipt of valid dossiers.
If past the above-said time limit the provincial-level People’s Committees fail to grant the investment licenses, they shall send written notices thereon to the investors, clearly stating the reasons therefor, and concurrently to the concerned agencies.
3. Within 7 working days after granting the investment licenses or the adjusted licenses, the provincial-level People’s Committees shall forward the originals of the investment licenses or the adjusted licenses to the Ministry of Planning and Investment and their copies to the Finance Ministry, the Trade Ministry, the ministries managing the economic and technical branches and the concerned State agencies.
Article 111.- Adjustment of investment licenses
1. The amending and supplement of investment licenses shall be approved by the investment licensing bodies in form of adjusted licenses.
2. The amendment to grant the adjusted licenses is stipulated as follows:
a) The Ministry of Planning and Investment shall decide the granting of adjusted licenses to the projects prescribed in Article 114 and Clause 2 of Article 115 of this Decree and authorize the Industrial Parks Management Boards to grant adjusted licenses to the authorized projects;
b) The provincial-level People’s Committees shall decide the granting of adjusted licenses to projects assigned to them for investment licensing.
3. When having a need to amend and/or supplement the investment licenses, the foreign-invested enterprises and business cooperation parties shall submit their dossiers of application for the adjustment of their investment licenses to the investment licensing bodies according to the provisions in Clause 2 of this Article. Such a dossier includes:
a) The application for adjustment of the investment license;
b) The Resolution of the Management Board of the joint-venture enterprise or the agreement reached between the business cooperation parties or the proposal of the foreign investors on the proposed amendment and/or supplement to the investment license;
c) The report on the project implementation situation.
4. The investment licensing bodies shall notify the foreign-invested enterprises and/or business cooperation parties of the decisions on the adjustment of investment licenses within 15 working days after the receipt of the valid dossiers.
The above time limit does not include the time for the foreign-invested enterprises and business cooperation parties to give additional explanation.
Tìm kiếm
Nghị định 24/2000/NĐ-CP Hướng dẫn Luật đầu tư nước ngoài tại Việt Nam (Bản Word)