Chapter IV
INVESTMENT PROCEDURES AND FORMALITIES
Article 16. Investment procedures
1. Combined performance and simplification of administrative procedures:
a) The Provincial-level People's Committee promulgates a decision on approval for investment policies for list of encouraged investment projects in agriculture (using the form No. 01 stated in the Appendix II enclosed herewith).
b) The decision prescribed in Point a of this Clause is also the decision on approval for investment policy as prescribed in Point a Clause 1 Article 32 of the Law on investment.
In case two or more enterprises jointly apply for implementing an investment project at the same site, the qualified investor shall be selected in accordance with regulations of the Law on bidding.
c) Competent authorities shall provide necessary information or issue planning permit to the enterprise having a project in the list of projects specified in Point a of this Clause to prepare the 1/500 planning. Information shall be provided or planning permit shall be issued within 15 days from the date of receipt of enterprise’s request.
d) Appraisal of fundamental designs of projects of the list of projects mentioned in Point a of this Clause shall be carried out in accordance with regulations in Point b Clause 4 Article 57 of the Law on construction.
dd) Construction works located in a rural area where urban development planning is not available or in an industrial park, export processing zone or hi-tech park, or in a hi-tech agricultural park with an approved 1/500 planning shall be exempted from building permits according to regulations in Clause 2 Article 89 of the Law on construction.
e) All projects are not subject to the appraisal of technology, except the projects prescribed in Article 30, Article 31 and Point b Clause 1 Article 32 of the Law on investment and Article 13 of the Law on technology transfer.
2. Project investors are allowed to carry out at the same time or combine procedures for land, environment, construction and investment subsidy issues.
3. Local governmental authorities are not allowed to conduct inspection or auditing under any forms of the investment project which is in the list of projects prescribed in Point a Clause 1 of this Article but is not yet put into operation, unless otherwise required by law or it commits violations against laws as proved by clear evidence.
Article 17. Application and procedures for getting subsidies
1. Application for subsidies:
a) The enterprise shall submit 03 sets of application, which includes the investment project and the application form for subsidy, to the Provincial Department of Planning and Investment (using form No. 02 stated in the Appendix II enclosed herewith).
b) Within 10 working days, the Provincial Department of Planning and Investment shall consider the application and send report thereof the Provincial-level People's Committee (using form No. 03 stated in the Appendix II enclosed herewith); Within 05 working days, the Provincial-level People's Committee shall make a written commitment to provide funding for the enterprise (using form No. 04 stated in the Appendix II enclosed herewith). If an application is refused, the Provincial-level People's Committee shall send a written explanation for refusal to the enterprise.
c) If the central government budget is used, regulations of the law on public investment shall govern.
2. Commissioning of investment items or entire project:
a) Based on the application for commissioning submitted by the enterprise, the Provincial Department of Agriculture and Rural Development, within 05 working days, shall take charge of and invite relevant agencies to act as members of the commissioning council.
b) Commissioning contents: Investment items or entire project shall be checked and tested according to the level of subsidy for each work item announced by the Provincial-level People's Committee.
c) The commissioning report made by the commissioning council (using form No. 05 stated in the Appendix II enclosed herewith) shall be used as the basis for allocating funding to the enterprise. Competent authorities are not allowed to request the enterprise to present documents other than this commissioning report.
3. Procedures for getting subsidy:
The enterprise shall submit an application for disbursement of subsidy, including the commissioning report and the decision on provision of funding made by competent authority, to the State Treasury to get subsidy within 05 working days.
Tìm kiếm
Nghị định 57/2018/NĐ-CP (Bản Word)
Nghị định 57/2018/NĐ-CP (Bản Pdf)