For foreign direct investment (FDI) Issuance of Investment Registration Certificate for projects not subject to policy decision [...]
Issue Investment Registration Certificate for projects not subject to investment policy decision
a) Order and method of implementation:
– Step 1: Before carrying out the procedure for granting the Investment Registration Certificate, the investor declares information about the investment project online at the National Information System on Foreign Investment at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents as prescribed in Clause 1, Article 33 of the Investment Law.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate within 15 days from the date of submitting all valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
Note: In cases where foreign investors carry out investment activities in service sectors and sub-sectors that have not yet committed or are not specified in Vietnam's Schedule of Commitments in the WTO and other international investment treaties where Vietnamese law does not have regulations on investment conditions for foreign investors, the Hai Phong Department of Finance consults with the Ministry of Planning and Investment and the industry management ministry for consideration and decision (according to Point dd). Clause 2, Article 10, Decree 118/2015/ND-CP), the time limit for resolving procedures will include the time for consultation with relevant ministries.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Profile components:
– Documents as prescribed in Clause 1, Article 33 of the Investment Law, including:
+ Document requesting implementation of investment project;
+ Copy of ID card, ID card or passport for individual investors; A valid copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor as an organization;
+ Investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment progress, labor needs, proposal for investment incentives, assessment of impact and socio-economic efficiency of the project;
+ Copy of one of the following documents: the investor's 02 most recent financial statements; commitment to financial support from the parent company; commitment to financial support from financial institutions; guarantee of the investor's financial capacity; Documents explaining the investor's financial capacity;
+ Copy of the location rental agreement or other document confirming the investor has the right to use the location to carry out the investment project;
+ BCC contract for investment projects in the form of BCC contract.
d) Number of records:
01 set of documents.
đ) Resolution deadline:
Within 15 days from the date of receipt of valid documents.
e) Implementing agency:
Hai Phong Department of Finance
g) Subjects carrying out administrative procedures:
Foreign investors/economic organizations implementing investment projects according to the provisions of Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or offices that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are not subject to investment policy decisions in one of the following cases:
+ Foreign investors specified in Clause 14, Article 3 of the Investment Law; Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law establish new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Investment Law);
+ Foreign investors (individuals and organizations) and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law implement investment projects in the form of BCC Contracts (Clause 1, Article 23 and Clause 2, Article 28 of the Investment Law);
+ Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law implement investment projects (Clause 1, Article 36 of the Investment Law).
h) Results of implementing administrative procedures:
Investment registration certificate (according to Form No. II.2 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment regulating forms for implementing investment procedures and reporting investment activities in Vietnam).
i) Fees:
No
k) Name of application form, declaration form:
– Document requesting implementation of investment project according to Form I.1 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam;
– Investment project proposal (for projects not subject to Investment Policy Decision) according to Form I.3 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam).
l) Requirements and conditions for implementing the procedure:
– Have a valid profile.
– Meets the conditions prescribed in Clause 3, Article 29 of Decree 118/2015/ND-CP, including:
+ The objective of the investment project is not in an industry or profession that is prohibited from business investment;
+ The investment project meets the investment conditions for foreign investors as prescribed in Clause 1, Article 10 of Decree 118/2015/ND-CP.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015.
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Procedures for granting Investment Registration Certificates for investment projects subject to policy decisions of the People's Committee of Hai Phong City.
a) Order and method of implementation
– Step 1: Before carrying out the procedure for granting the Investment Registration Certificate, the investor declares information about the investment project online at the National Information System on Foreign Investment at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures as prescribed in Clause 1, Article 33 of the Investment Law.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate after 25 days and 12 working days from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents as prescribed in Clause 1, Article 33 of the Investment Law, including:
– Document requesting implementation of investment project;
– Copy of ID card, ID card or passport for individual investors; A valid copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor as an organization;
– Investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment progress, labor needs, proposal for investment incentives, assessment of impact and socio-economic efficiency of the project;
– Copy of one of the following documents: the investor's most recent 2-year financial statements; commitment to financial support from the parent company; commitment to financial support from financial institutions; guarantee of the investor's financial capacity; Documents explaining the investor's financial capacity;
– Propose land use needs; In case the project does not request the State to allocate land, lease land, or allow change of land use purpose, submit a copy of the location lease agreement or other documents certifying that the investor has the right to use the location to carry out the investment project;
– Explanation on technology use for projects specified in Point b, Clause 1, Article 32 of this Law includes the following contents: technology name, technology origin, technology process diagram; Main technical parameters, usage status of main machinery, equipment and technological lines;
– BCC contract for investment projects in the form of BCC contract.
d) Number of documents: 04 sets of documents
dd) Time limit for resolution: According to Clauses 3, 4, 5, 6, 7, Article 33 of the Investment Law, Clauses 5, 6, Article 30 of Decree 118/2015/ND-CP.
Step 1: Within 03 working days from the date of receiving complete and valid documents, the Hai Phong Department of Finance sends documents to seek appraisal opinions from a competent state agency on the content of the investment project under the management of that agency according to the provisions of Clause 3, Article 30 of Decree 118/2015/ND-CP.
Step 2: Within 15 days from the date of receiving the investment project dossier, the consulted agency has an opinion to appraise the contents within the scope of its state management and send it to the Hai Phong Department of Finance.
In particular, the Hai Phong Department of Natural Resources and Environment is responsible for providing map extracts; Hai Phong Department of Construction provides planning information as a basis for appraisal according to regulations within 05 working days from the date of receiving the request from Hai Phong Department of Finance.
Step 3: Within 25 days from the date of receiving the investment project dossier, the Hai Phong Department of Finance prepares an appraisal report to submit to the People's Committee of Hai Phong city.
Step 4: Within 07 working days from the date of receiving the documents and appraisal report, the People's Committee of Hai Phong city decides on the investment policy. In case of refusal, it must be notified in writing and clearly state the reason.
Step 5: Within 05 working days from the date of receiving the written decision on investment policy from the People's Committee of Hai Phong city, the Hai Phong Department of Finance issues the Investment Registration Certificate to the investor.
e) Implementing agency: Hai Phong Department of Finance
g) Subjects carrying out administrative procedures:
Investors carry out investment projects according to the provisions of Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or executive offices that the investor locates. or planned to implement projects in Hai Phong; iii) Investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones) subject to investment policy decisions of the Provincial People's Committee (including: (i) Projects with land allocated or leased by the State without auction, bidding or transfer; (ii) projects with land allocated or leased by the State without auction, bidding or transfer;request to change land use purpose; Projects that use technology on the List of technologies restricted from transfer according to the law on technology transfer) in one of the following cases:
+ Foreign investors specified in Clause 14, Article 3 of the Investment Law; Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law establish new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Investment Law);
+ Foreign investors (individuals and organizations) and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law implement investment projects in the form of BCC Contracts (Clause 1, Article 23 and Clause 2, Article 28 of the Investment Law);
+ Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law carry out investment projects (Clause 1, Article 36 of the Investment Law).
h) Results of implementing administrative procedures:
– Document deciding on investment policies of the People's Committee of Hai Phong city (according to Form No. II.1 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam).
Investment registration certificate (according to Form No. II.2 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment regulating forms for implementing investment procedures and reporting investment activities in Vietnam).
i) Fees: No.
k) Name of application form, declaration form:
– Document requesting implementation of investment project according to Form I.1 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam;
– Investment project proposal (for projects subject to Investment Policy Decision) according to Form I.2 issued with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam).
l) Requirements and conditions for implementing the procedure:
– Have a valid profile;
– There is a document deciding the investment policy of the City People's Committee.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015.
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Procedures for granting Investment Registration Certificates for investment projects subject to the Prime Minister's investment policy decision.
a) Order and method of implementation
– Step 1: Before carrying out the procedure for granting the Investment Registration Certificate, the investor declares information about the investment project online at the National Information System on Foreign Investment at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Clause 1, Article 33 and Clause 1, Article 34 of the Investment Law.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate after 40 days and 12 working days from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Dossiers as prescribed in Clause 1, Article 33 and Clause 1, Article 34 of the Investment Law, including:
– Document requesting implementation of investment project;
– Copy of ID card, ID card or passport for individual investors; A valid copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor as an organization;
– Investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment progress, labor needs, proposal for investment incentives, assessment of impact and socio-economic efficiency of the project;
– Copy of one of the following documents: the investor's most recent 2-year financial statements; commitment to financial support from the parent company; commitment to financial support from financial institutions; guarantee of the investor's financial capacity; Documents explaining the investor's financial capacity;
– Propose land use needs; In case the project does not request the State to allocate land, lease land, or allow change of land use purpose, submit a copy of the location lease agreement or other documents certifying that the investor has the right to use the location to carry out the investment project;
– Explanation on technology use for projects specified in Point b, Clause 1, Article 32 of this Law includes the following contents: technology name, technology origin, technology process diagram; Main technical parameters, usage status of main machinery, equipment and technological lines;
– BCC contract for investment projects in the form of BCC contract.
– Plans for site clearance, immigration, and resettlement (if any);
– Preliminary assessment of environmental impact, environmental protection solutions;
– Assess the socio-economic impact and efficiency of the investment project.
d) Number of documents: 08 sets of documents
dd) Time limit for resolution: According to Clauses 2, 3, 4, 5, 6, Article 34 of the Investment Law, Clause 3, Article 30 and Article 31 of Decree 118/2015/ND-CP.
Step 1:
Within 03 working days from the date of receiving complete and valid documents, Hai Phong Department of Finance sends 02 sets of documents to the Ministry of Planning and Investment; At the same time, send documents to competent state agencies related to investment projects to get opinions on the contents specified in Clause 3, Article 30 of Decree 118/2015/ND-CP.
Step 2: Within 15 days from the date of receiving the request from the Hai Phong Department of Finance, the agencies specified in Clause 3 of this Article shall have opinions on the contents within the scope of their state management and send them to the Hai Phong Department of Finance and the Ministry of Planning and Investment..
Step 3: Within 25 days from the date of receiving valid documents, Hai Phong Department of Finance submits to Hai Phong City People's Committee for consideration and comments to the Ministry of Planning and Investment on the following contents:
a) Land use needs, conditions for land allocation, land lease and permission to change land use purpose according to the provisions of land law (for projects with land allocation, land lease, permission to change land use purpose);
b) Plans for site clearance, immigration, and resettlement (if any) for investment projects requesting land allocation, land lease, or permission to change land use purpose;
c) Other contents under the authority of the People's Committee of Hai Phong city (if any)
Step 4: Within 15 days from the date of receiving opinions from the People's Committee of Hai Phong city, the Ministry of Planning and Investment prepares an appraisal report including the contents specified in Clause 6, Article 33 of the Investment Law to submit to the Prime Minister for decision on investment policies.
Step 5: Within 07 working days from the date of receiving the appraisal report from the Ministry of Planning and Investment, the Prime Minister decides on the investment policy including the contents specified in Clause 8, Article 33 of the Investment Law. The investment policy decision document is sent to the Ministry of Planning and Investment, Hai Phong City People's Committee and Hai Phong Department of Finance.
Step 6: Within 05 working days from the date of receiving the written decision on investment policy, Hai Phong Department of Finance issues an Investment Registration Certificate to the Investor.
e) Implementing agency: Hai Phong Department of Finance
g) Subjects carrying out administrative procedures:
Investors carry out investment projects according to the provisions of Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or executive offices that the investor locates. or planned to implement projects in Hai Phong; iii) Investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones) subject to investment policy decisions of the Prime Minister specified in Clauses 1, 2, 3, Article 31 of the Investment Law, in one of the following cases:
+ Foreign investors specified in Clause 14, Article 3 of the Investment Law; Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law establish new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Investment Law);
+ Foreign investors (individuals and organizations) and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law implement investment projects in the form of BCC Contracts (Clause 1, Article 23 and Clause 2, Article 28 of the Investment Law);
+ Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law implement investment projects (Clause 1, Article 36 of the Investment Law).
h) Results of implementing administrative procedures:
– Document deciding investment policy of the Prime Minister.
– Investment registration certificate (according to Form No. II.2 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment regulating forms for implementing investment procedures and reporting investment activities in Vietnam).
i) Fees: No.
k) Name of application form, declaration form:
– Document requesting implementation of investment project according to Form I.1 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam;
– Investment project proposal (for projects subject to Investment Policy Decision) according to Form I.2 issued with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam).
l) Requirements and conditions for implementing the procedure:
– Have a valid profile;
– There is a document deciding the investment policy of the Prime Minister.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015.
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Procedures for granting Investment Registration Certificates for investment projects subject to investment policy decisions of the National Assembly
a) Order and method of implementation
– Step 1: Before carrying out the procedure for granting the Investment Registration Certificate, the investor declares information about the investment project online at the National Information System on Foreign Investment at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures as prescribed in Clause 1, Article 33 and Clause 1, Article 35 of the Investment Law.
– Step 2: Investors submit documents at the Department receiving documents and returning results or through the postal system to Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives an Investment Registration Certificate after having a Resolution on investment policies from the National Assembly and is granted an Investment Registration Certificate by the Hai Phong Department of Finance at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Dossiers as prescribed in Clause 1, Article 33 and Clause 1, Article 35 of the Investment Law, including:
– Document requesting implementation of investment project;
– Copy of ID card, ID card or passport for individual investors; A valid copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor as an organization;
– Investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment progress, labor needs, proposal for investment incentives, assessment of impact and socio-economic efficiency of the project;
– Copy of one of the following documents: the investor's most recent 2-year financial statements; commitment to financial support from the parent company; commitment to financial support from financial institutions; guarantee of the investor's financial capacity; Documents explaining the investor's financial capacity;
– Propose land use needs; In case the project does not request the State to allocate land, lease land, or allow change of land use purpose, submit a copy of the location lease agreement or other documents certifying that the investor has the right to use the location to carry out the investment project;
– Explanation on technology use for projects specified in Point b, Clause 1, Article 32 of this Law includes the following contents: technology name, technology origin, technology process diagram; Main technical parameters, usage status of main machinery, equipment and technological lines;
– BCC contract for investment projects in the form of BCC contract.
– Plans for site clearance, immigration, and resettlement (if any);
– Preliminary assessment of environmental impact, environmental protection solutions;
– Assess the impact and socio-economic efficiency of investment projects;
– Propose specific mechanisms and policies (if any).
d) Time limit for resolution: According to Clauses 2, 3, 4, Article 35 of the Investment Law
Step 1: Within 03 working days from the date of receiving complete investment project documents, Hai Phong Department of Finance sends the documents to the Ministry of Planning and Investment to report to the Prime Minister to establish the State Appraisal Council.
Step 2: Within 90 days from the date of establishment, the State Appraisal Council organizes the appraisal of investment project documents and prepares an appraisal report including the contents specified in Clause 6, Article 33 of the Investment Law and prepares an appraisal report to submit to the Government.
Step 3: At least 60 days before the opening day of the National Assembly session, the Government sends the Investment Policy Decision Document to the inspection agency of the National Assembly.
Step 4: The National Assembly considers and approves the Resolution on the National Assembly's investment policy.
e) Subjects carrying out administrative procedures:
Investors carry out investment projects according to the provisions of Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or executive offices that the investor locates. or planned to implement projects in Hai Phong; iii) Investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones) subject to investment policy decisions of the National Assembly specified in Article 30 of the Investment Law, in one of the following cases:
+ Foreign investors specified in Clause 14, Article 3 of the Investment Law; Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law establish new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Investment Law);
+ Foreign investors (individuals and organizations) and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law implement investment projects in the form of BCC Contracts (Clause 1, Article 23 and Clause 2, Article 28 of the Investment Law);
+ Economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law implement investment projects (Clause 1, Article 36 of the Investment Law).
h) Results of implementing administrative procedures:
– Resolution on investment policies of the National Assembly.
– Investment registration certificate (according to Form No. II.2 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment regulating forms for implementing investment procedures and reporting investment activities in Vietnam).
i) Fees: No.
k) Name of application form, declaration form:
– Document requesting implementation of investment project according to Form I.1 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam;
– Investment project proposal (for projects subject to Investment Policy Decision) according to Form I.2 issued with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam).
l) Requirements and conditions for implementing the procedure:
– Have a valid profile;
– There is a Resolution on investment policies of the National Assembly.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015.
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Adjust the investment project name, investor name and address in the Investment Registration Certificate
a) Order and method of implementation
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Clause 1, Article 33 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 03 working days from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Dossiers as prescribed in Clause 1, Article 33 of Decree 118/2015/ND-CP, including:
– Document requesting adjustment of investment project;
– Documents related to changing the name, address of the investor or the name of the investment project.
d) Number of records:
01 set of documents
đ) Resolution deadline:
Within 03 working days from the date of receiving the written request to adjust the Investment Registration Certificate.
e) Implementing agency:
Hai Phong Department of Finance
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are issued with an Investment Registration Certificate, Investment License, Investment Certificate or equivalent legal documents regulating the following contents:
– Investment project name;
– Investor name (excluding changes from one investor to another);
– Investor's address.
h) Results of implementing administrative procedures:
– Investment registration certificate (according to Form II.3 issued together with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment regulating forms for implementing investment procedures and reporting investment activities in Vietnam).
In case of adjusting an investment project operating under the Investment License, Investment Certificate (also the Business Registration Certificate) or other documents with equivalent legal value, the Investment Registration Certificate replaces the investment project content in the Investment License, Investment Certificate (also the Business Registration Certificate) or other documents with equivalent legal value. In case the Investment License, Investment Certificate (also the Business Registration Certificate) or other documents with equivalent legal value stipulate the business registration content, the business registration content in these Certificates continues to be valid.
i) Fees:
No
k) Name of application form, declaration form:
Document requesting adjustment of investment project (applicable to adjustment of project not subject to investment policy decision) according to Form I.7 issued with Circular No. 16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment stipulating forms for implementing investment procedures and reporting investment activities in Vietnam.
l) Requirements and conditions for implementing the procedure:
Have a valid profile.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Adjust the investment project content (including contents: investment project implementation location, land area used, investment project scale target, investment capital, capital contribution progress and capital mobilization; project operation duration; project implementation progress; investment incentives and support (if any) and conditions for investors) in the Investment Registration Certificate (in case of not adjusting the investment policy decision)
a) Order and method of implementation:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Clause 2, Article 33 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 10 working days from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Dossiers as prescribed in Clause 2, Article 33 of Decree 118/2015/ND-CP, including:
– Document requesting adjustment of investment project;
– Report on the implementation of the investment project up to the time of requesting adjustment of the investment project;
– Decision on adjusting the investor's investment project;
– Explain or provide documents related to adjusting the contents specified in Points b, c, d, dd, e, g, Clause 1, Article 33 of the Investment Law (if any).
d) Number of records:
01 set of documents
đ) Resolution deadline:
Within 10 working days from the date of receipt of valid documents.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are issued with an Investment Registration Certificate, Investment License, Investment Certificate or equivalent legal documents adjusting one or several of the following contents and are not subject to investment policy adjustment:
– Location of investment project implementation, land area used;
– Investment project goals and scale;
– Project investment capital, capital contribution progress and mobilization of capital sources;
– Project duration;
– Progress of investment project implementation;
– Investment incentives and support (if any);
– Conditions for investors to implement investment projects (if any).
h) Results of implementing administrative procedures:
– Investment registration certificate (according to Form II.3 issued with Circular No. 16/2015/TT-BKHDT).
In case of adjusting an investment project operating under the Investment License, Investment Certificate (also the Business Registration Certificate) or other documents with equivalent legal value, the Investment Registration Certificate replaces the investment project content in the Investment License, Investment Certificate (also the Business Registration Certificate) or other documents with equivalent legal value. In case the Investment License, Investment Certificate (also the Business Registration Certificate) or other documents with equivalent legal value stipulate the business registration content, the business registration content in these Certificates continues to be valid.
i) Fees:
No
k) Name of application form, declaration form:
– Document requesting adjustment of investment project (applicable to adjustment of projects not subject to investment policy decision) according to Form I.7 issued with Circular No. 16/2015/TT-BKHDT.
– Report on the implementation of investment projects up to the time of adjustment (Articles 33, 34, 35, 36 of Decree 118/2015/ND-CP) according to Form I.8 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
– Have a valid profile;
– The adjusted content does not belong to industries or professions that are prohibited from business investment;
– Meet the investment conditions applicable to foreign investors in case the project has the objective of operating in a conditional investment industry or profession for foreign investors.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Aadjust the Investment Registration Certificate for investment projects under the authority to decide investment policies of the Provincial People's Committee
a) Order and method of implementation:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Clause 2, Article 33 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 26 working days from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents as prescribed in Clause 2, Article 33 of Decree 118/2015/ND-CP, including:
– Document requesting adjustment of investment project;
– Report on the status of investment project implementation up to the time of adjustment;
– The investor's decision to adjust the investment project;
– Explain or provide documents related to adjusting the contents specified in Points b, c, d, dd, e, g, Clause 1, Article 33 of the Investment Law (if any).
d) Number of records:
04 sets of documents
đ) Resolution deadline:
Within 26 working days from the date of receipt of valid documents.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are granted Investment Registration Certificates under the Provincial People's Committee's decision on investment policies and the investor adjusts one or several of the following contents:
– Adjust goals, investment locations, main technologies;
– Adjusting to increase or decrease more than 10% of total investment capital changes the objective, scale and capacity of the investment project;
– Adjust the implementation period of the investment project or change the conditions for investors (if any).
Note 1: (Clause 5, Article 62, Decree 118/2016/ND-CP).
This procedure also applies to investment projects that are subject to approval or decision on investment policy according to the provisions of law before the Investment Law takes effect (before July 1, 2015) and have been approved or decided on investment policy by a competent state agency before the Investment Law takes effect. Now, the investor adjusts the investment project, changing the content of the decision document or approval of the investment policy.
Note 2: (Clause 3, Article 62, Decree 118/2016/ND-CP).
This procedure also applies to investment projects that are not subject to approval or investment policy decision according to the provisions of law before the Investment Law takes effect (before July 1, 2015) but are subject to investment policy decision according to the provisions of the Investment Law, Decree 118/2016/ND-CP in the following cases:
a) Expanding the scale of investment projects leading to projects subject to investment policy decisions specified in Article 30 and Article 31 of the Investment Law;
b) Supplementing investment project objectives where the added objectives are subject to investment policy decisions specified in Article 30 and Article 31 of the Investment Law;
c) Adjust the investment project to include one of the following contents: Proposing the State to allocate land, lease land without auction or bidding, or receive transfer of land use rights or assets attached to land; Request the State to allow the change of land use purpose or request the use of technology on the List of technologies restricted from transfer according to the provisions of law on technology transfer.
Note 3: (Clause 2, Article 34 of Decree 118/2016/ND-CP).
In case of adjusting contents not specified in Clause 1, Article 34 of Decree 118/2016/ND-CP, investors shall carry out the procedures according to the corresponding regulations in Section 4 and/or Section 5 of this Administrative Procedures Set.
h) Results of implementing administrative procedures:
Investment registration certificate (according to Form II.3 issued with Circular No. 16/2015/TT-BKHDT).
i) Fees:
No
k) Name of application form, declaration form:
– Document requesting adjustment of investment project (applicable to cases of adjustment of investment policy) according to Form I.6 issued with Circular No. 16/2015/TT-BKHDT.
– Report on the implementation of investment projects up to the time of adjustment according to Form I.8 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
– Decided by the People's Committee of Hai Phong city to adjust the investment policy.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Adjustment of Investment Registration Certificate for investment projects subject to adjustment of the Prime Minister's investment policy decision
a) Order and method of implementation:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Clause 2, Article 33 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 47 days (35 days and 12 working days) from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents as prescribed in Clause 2, Article 33 of Decree 118/2015/ND-CP, including:
– Document requesting adjustment of investment project;
– Report on the status of investment project implementation up to the time of adjustment;
– The investor's decision to adjust the investment project;
– Explain or provide documents related to adjusting the contents specified in Points b, c, d, dd, e, g, Clause 1, Article 33 of the Investment Law (if any).
d) Number of records:
08 sets of documents.
đ) Resolution deadline:
– Within 47 days (35 days and 12 working days)
e) Implementing agency:
Hai Phong Department of Finance
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are granted Investment Registration Certificates under the Prime Minister's decision on investment policies and the investor adjusts one or several of the following contents:
– Adjust goals, investment locations, main technologies;
– Adjusting to increase or decrease more than 10% of total investment capital changes the objective, scale and capacity of the investment project;
– Adjust the implementation period of the investment project or change the conditions for investors (if any).
Note 1: (Clause 5, Article 62, Decree 118/2016/ND-CP).
This procedure also applies to investment projects that are subject to approval or decision on investment policy according to the provisions of law before the Investment Law takes effect (before July 1, 2015) and have been approved or decided on investment policy by a competent state agency before the Investment Law takes effect. Now, the investor adjusts the investment project, changing the content of the decision document or approval of the investment policy.
Note 2: (Clause 3, Article 62, Decree 118/2016/ND-CP).
This procedure also applies to investment projects that are not subject to approval or investment policy decision according to the provisions of law before the Investment Law takes effect (before July 1, 2015) but are subject to investment policy decision according to the provisions of the Investment Law, Decree 118/2016/ND-CP in the following cases:
a) Expanding the scale of investment projects leading to projects subject to investment policy decisions specified in Article 30 and Article 31 of the Investment Law;
b) Supplementing investment project objectives where the added objectives are subject to investment policy decisions specified in Article 30 and Article 31 of the Investment Law;
c) Adjust the investment project to include one of the following contents: Proposing the State to allocate land, lease land without auction or bidding, or receive transfer of land use rights or assets attached to land; Request the State to allow the change of land use purpose or request the use of technology on the List of technologies restricted from transfer according to the provisions of law on technology transfer.
Note 3: (Clause 2, Article 35 of Decree 118/2016/ND-CP).
In case of adjusting contents not specified in Clause 1, Article 35 of Decree 118/2016/ND-CP, investors shall carry out procedures according to the corresponding regulations in Section 4 and/or Section 5 of this Administrative Procedures Set.
h) Results of implementing administrative procedures:
Investment registration certificate (according to Form II.3 issued with Circular No. 16/2015/TT-BKHDT).
i) Fees: None
k) Name of application form, declaration form:
– Document requesting adjustment of investment project according to Form I.6 issued with Circular No. 16/2015/TT-BKHDT.
– Report on the implementation of investment projects up to the time of adjustment according to Form I.8 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
– Decided by the Prime Minister to adjust investment policies.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015
Transfer of investment project:
a) Order and method of implementation:
* For projects in one of the following cases: (i) The project is granted an Investment Registration Certificate and is not subject to an investment policy decision, (ii) The project is granted an Investment Registration Certificate in the case of an investment policy decision in which the investor has completed capital contribution, mobilized capital and put the project into exploitation and operation:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Point a, Clause 2, Article 37 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 10 working days from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
* For investment projects subject to investment policy decisions of the Provincial People's Committee:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Point a, Clause 2, Article 37 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 28 days (including 20 days and 08 working days) from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
* For investment projects subject to the Prime Minister's investment policy decision:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Point a, Clause 2, Article 37 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 47 days (including 25 days and 22 working days) from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
* For investment projects for which the investment policy has been decided and the investor has completed capital contribution, mobilized capital and put the project into exploitation and operation, the procedure for adjusting the investment policy decision is not required when transferring the investment project.
* In case a foreign investor receives a transfer of an investment project and establishes an economic organization to carry out that investment project, the investor shall carry out the procedures for granting or adjusting the Investment Registration Certificate, then carry out the procedures for establishing an economic organization according to the provisions of law corresponding to each type of economic organization.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents as prescribed in Point a, Clause 2, Article 37 of Decree 118/2015/ND-CP, including:
– Document requesting adjustment of investment project.
– Report on the status of investment project implementation up to the time of investment project transfer.
– Investment project transfer contract or other document with equivalent legal value.
– Copy of identity card, identification card or passport for individual investors, copy of Business Registration Certificate or other document with equivalent legal value for investors who are organizations of the transferee investor.
– Copy of Investment Registration Certificate or investment policy decision document (if any).
– Copy of BCC Contract for investment projects in the form of BCC contract.
– Copy of one of the following documents of the investor receiving the transfer of the investment project: the investor's 02 most recent financial statements, the parent company's financial support commitment, the financial institution's financial support commitment, the investor's financial capacity guarantee, documents explaining the investor's financial capacity.
d) Number of records:
– 01 set of documents for: (i) investment projects operating under the Investment Registration Certificate and not subject to investment policy decision; (ii) the project is granted an Investment Registration Certificate in the case of an investment policy decision where the investor has completed capital contribution, mobilized capital and put the project into exploitation and operation.
– 04 sets of documents for investment projects subject to adjustment of investment policy decisions of the Provincial People's Committee.
– 08 sets of documents for investment projects subject to adjustment to the Prime Minister's investment policy decision.
đ) Resolution deadline:
– Within 10 working days from the date of receipt of complete and valid documents for procedures to change investors for investment projects operating under the Investment Registration Certificate and not subject to investment policy decision.
– Within 28 days (including 20 days and 08 working days) from the date of receipt of complete and valid documents for procedures to change investors for investment projects subject to adjustment of investment policy decisions of the Provincial People's Committee.
– Within 47 days (including 25 days and 22 working days) from the date of receipt of complete and valid documents for procedures for changing investors for investment projects operating under the Investment Registration Certificate and subject to the Prime Minister's investment policy decision.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
* Investors transfer investment projects according to the provisions of Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or executive offices where the investor placed or expected to be placed to implement a project in Hai Phong; iii) Investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones) in one of the following cases:
– Investors whose investment projects are granted Investment Registration Certificates;
– Investors have investment projects subject to investment policy decisions of the Prime Minister or Provincial People's Committee but do not issue an Investment Registration Certificate, except for investment projects in which the investor has completed capital contribution, mobilized capital and put the project into exploitation and operation.
* This procedure also applies to investment projects operating under an Investment License, Investment Certificate or Documents of equivalent legal value. In this case, the Hai Phong Department of Finance issues an Investment Registration Certificate instead of the investment project content specified in the Investment License, Investment Certificate or Documents of equivalent legal value.
h) Results of implementing administrative procedures:
– Investment registration certificate for investment projects operating under the Investment Registration Certificate (change of investor) according to Form II.2 issued with Circular No. 16/2015/TT-BKHDT.
– Document adjusting investment policy decisions of the Prime Minister and Provincial People's Committee for projects without Investment Registration Certificates.
i) Fees:
No
k) Name of application form, declaration form:
– In case of adjusting investment policy: Document requesting adjustment of investment project according to Form I.6 issued with Circular No. 16/2015/TT-BKHDT.
– In case of not being subject to investment policy adjustment: Document requesting adjustment of investment project according to Form I.7 issued with Circular No. 16/2015/TT-BKHDT.
– Report on the implementation of investment projects up to the time of adjustment according to Form I.8 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
Meet the conditions for transferring investment projects as prescribed in Clause 1, Article 45 of the Investment Law, specifically:
– Not falling into one of the cases of termination of operations as prescribed in Clause 1, Article 48 of the Investment Law;
– Meet the investment conditions applicable to foreign investors in case the foreign investor receives the transfer of a project in an investment industry or profession with investment conditions applicable to foreign investors;
– Comply with the conditions prescribed by land law and real estate business law in case of project transfer associated with land use rights transfer;
– Conditions specified in the Investment Registration Certificate or other relevant laws (if any).
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Adjusting investment projects in case of division, separation, consolidation, merger, conversion of type of economic organization
a) Order and method of implementation:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Clause 3, Article 38 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 15 days from the date of submitting all valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents specified in Clause 3, Article 38 of Decree 118/2015/ND-CP, including:
– Text requesting adjustment of investment project;
– Copy of Business Registration Certificate or document of equivalent legal value of the investor receiving the investment project;
– A copy of the investor's resolution or decision on reorganization, including content on the handling of assets, rights and obligations related to the investment project.
d) Number of records:
01 set of documents.
đ) Resolution deadline:
Within 15 days from the date of receipt of valid documents.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are granted an Investment Registration Certificate to carry out reorganization (divide, split, merge, convert the type of economic organization) that changes the content of the Investment Registration Certificate.
h) Results of implementing administrative procedures:
Investment registration certificate (adjusted) according to Form II.2 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
Document requesting adjustment of investment project according to Form I.7 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
In case of division, separation, consolidation, merger, conversion of type of economic organization.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Adjust investment projects according to judgments and decisions of courts and arbitrators
a) Order and method of implementation:
– Step 1: Before carrying out the procedure for granting adjustments to the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents and procedures specified in Clause 2, Article 39 of Decree 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (adjusted) after 15 days from the date of submitting all valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents as prescribed in Clause 2, Article 39 of Decree 118/2015/ND-CP, including:
– Text requesting adjustment of investment project.
– Copy of identity card, identification card or passport for individual investors, copy of Business Registration Certificate or other equivalent document confirming legal status for institutional investors.
– Judgments and legally effective decisions of courts and arbitrators.
d) Number of records:
– 01 set of documents
đ) Resolution deadline:
– Within 15 days from the date of receipt of valid documents
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones)
h) Results of implementing administrative procedures:
Investment registration certificate (adjusted) according to Form II.2 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
– Document requesting adjustment of investment project according to Form I.7 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
There is an effective judgment or decision of a court or arbitrator.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Re-issuance of Investment Registration Certificate
a) Order and method of implementation:
– Step 1: The investor submits a written request for re-issuance of the Investment Registration Certificate at the Department for receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 2: The investor receives the Investment Registration Certificate (re-issued) after 05 working days from the date of submitting the written request for re-issuance of the Investment Registration Certificate at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Profile components:
– Document requesting re-issuance of the Investment Registration Certificate.
d) Number of records:
– 01 set of documents
đ) Resolution deadline:
Within 05 days from the date of receiving the investor's request to re-issue the Investment Registration Certificate.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones).
h) Results of implementing administrative procedures:
Investment registration certificate (re-issued) according to Form II.2 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
No
l) Requirements and conditions for implementing the procedure:
The investor lost or damaged the Investment Registration Certificate.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Correct information on the Investment Registration Certificate
a) Order and method of implementation:
– Step 1: The investor submits a written request to correct information on the Investment Registration Certificate at the Department for receiving documents and returning results or through the postal system to the Hai Phong Department of Finance at 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 2: The investor receives the Investment Registration Certificate (information correction) after 03 working days from the date of request to correct the Investment Registration Certificate information at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Profile components:
– Text requesting correction of information on the Investment Registration Certificate.
d) Number of records:
– 01 set of documents
đ) Resolution deadline:
Within 03 working days from the date of receiving the investor's proposal.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are issued with an Investment Registration Certificate and the information on the Investment Registration Certificate is not consistent with the information in the investment registration dossier.
h) Results of implementing administrative procedures:
Investment registration certificate (information correction) according to Form II.2 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
No
l) Requirements and conditions for implementing the procedure:
For investment projects that require reissuance or correction of information
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Resubmit Investment Registration Certificate
a) Order and method of implementation:
– Step 1: The investor submits the Investment Registration Certificate to the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 2: The Department of Finance receives the Investment Registration Certificate submitted by the investor as soon as the investor submits it at the Department's Department of Document Reception and Results Return.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Profile components:
– Investment registration certificate
d) Number of records:
– 01 set of documents
đ) Resolution deadline:
– As soon as the investor submits the Investment Registration Certificate
e) Implementing agency:
Department of Finance
g) Subjects carrying out administrative procedures:
Domestic investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or offices. operating room that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are granted Investment Registration Certificates.
h) Results of implementing administrative procedures:
The Department of Finance receives the Investment Registration Certificate from the investor.
i) Fees:
No
k) Name of application form, declaration form:
No.
l) Requirements and conditions for implementing the procedure:
No
m) Legal basis of administrative procedures:
– Decree No. 118/2015/ND-CP dated November 12, 2015.
Spread investment progress
a) Order and method of implementation:
– Step 1: The investor prepares a written proposal to extend the progress specified in Clause 2, Article 46 of Decree 118/2015/ND-CP.
– Step 2: The investor submits a written proposal to extend the progress at the Department of receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives written comments on extending the investment schedule from the Department of Finance after 15 days from the date of submitting the written proposal to extend the progress at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Document proposing to extend progress with the content specified in Clause 2, Article 46 of Decree 118/2015/ND-CP, including:
– Operational status of the investment project and fulfillment of financial obligations to the State from the date of issuance of the Investment Registration Certificate or decision on investment policy to the time of delay;
– Explain the reason and deadline for extending the project implementation schedule;
– Plan to continue implementing the project, including capital contribution plan, basic construction progress and putting the project into operation;
– Investor's commitment to continue implementing the project.
d) Number of records:
– 01 set of documents
đ) Resolution deadline:
Within 15 days from the date of receiving the investor's proposal.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are granted an Investment Registration Certificate or a document deciding on investment policies and the investor requests to delay the investment schedule (progress of investment capital implementation, construction progress and bringing the company to work).Main track of activities (if any); progress of implementing the operational objectives of the investment project) compared to the progress specified in the Investment Registration Certificate and investment policy decision document.
In case of adjusting the project implementation progress recorded in the Investment Registration Certificate or investment policy decision document, follow the corresponding procedures for adjusting the Investment Registration Certificate and investment policy decision without following this procedure.
h) Results of implementing administrative procedures:
Document on extending investment progress according to Form II.7 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
Document proposing extension of investment project implementation schedule according to Form I.9 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
Investors extend the progress of implementing investment capital, construction progress and putting the main project into operation (if any); progress in implementing the operational objectives of the investment project compared to the progress specified in the issuance of the Investment Registration Certificate or investment policy decision.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Circular No. 16/2015/TT-BKHDT.
Temporarily suspending project operations investment
a) Order and method of implementation:
– Step 1: The investor submits a written notice of cessation of operations at the Department for receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 2: The Department of Finance records the project's operational status.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Profile components:
Announcement of temporary suspension of investment project operations.
d) Number of records:
– 01 set of documents
đ) Resolution deadline:
Immediately upon receipt.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) stop operating investment projects according to the provisions of Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or the operating office that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones and economic zones) are in operation.
h) Results of implementing administrative procedures:
– The Department of Finance receives the Notice of temporary suspension of investment project operations and records the project's operational status.
In case of temporary suspension of an investment project due to force majeure, the investor is exempted from land rent during the temporary suspension period to overcome the consequences caused by force majeure.
i) Fees: None
k) Name of application form, declaration form:
Document of notice of temporary suspension of investment project activities (Clause 1, Article 47 of the Investment Law) according to Form I.10 issued with Circular No. 16/2015/BKHDT.
l) Requirements and conditions for implementing the procedure:
Applies to active projects and investors decide to stop project operations.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Termination of investment project operations
a) Order and method of implementation:
– Step 1: The investor prepares documents to terminate project operations.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The Department of Finance receives the documents and records the status of termination of the investment project.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Profile components:
– In case of self-decision to terminate the operation of an investment project, the documents as prescribed in Point a, Clause 1, Article 48 of the Investment Law, include:
+ Decision to terminate the operation of the investment project;
+ Attached is the Investment Registration Certificate (if any);
– In case of termination of investment project operations according to the conditions specified in the contract, enterprise charter or expiration of the investment project's operating term (as prescribed in Point b and Point c, Clause 1, Article 48 of the Investment Law), including:
+ Investor announcement;
+ Investment registration certificate (if any)
+ Charter or contract in case the charter or contract records the termination of the investment project.
d) Number of records:
01 set of documents.
đ) Resolution deadline:
Immediately upon receipt.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones)terminate operations in one of the following cases:
– The investor decides to terminate the operation of the investment project;
– The investment project terminates operations according to the enterprise charter and contract;
– The project has expired.
h) Results of implementing administrative procedures:
Receive documents for termination of investment projects.
i) Fees:
No
k) Name of application form, declaration form:
Document notifying the termination of investment project activities according to Form I.11 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
Have a valid profile.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 28, 2015.
Establishment of executive office of foreign investors in BCC contract
a) Order and method of implementation:
– Step 1: Foreign investors in the BCC contract prepare documents to register to establish an executive office according to the provisions of Clause 4, Article 49 of the Investment Law.
– Step 2: The foreign investor in the BCC contract submits the application to establish an executive office at the Department for receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: Foreign investors in BCC contracts receive the Certificate of registration of operating office operations for foreign investors in BCC contracts after 15 days from the date of submitting valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents as prescribed in Clause 4, Article 49 of the Investment Law, including:
– The registration document to establish an executive office includes the name and address of the representative office in Vietnam (if any) of the foreign investor in the BCC contract; name and address of executive office; content, duration, and scope of operations of the executive office; full name, place of residence, identity card, identification card or passport of the head of the executive office;
– The decision of the foreign investor in the BCC contract on the establishment of an executive office;
– Copy of the decision to appoint the head of the executive office;
– Copy of BCC contract.
d) Number of records:
01 set of documents
đ) Resolution deadline:
Within 15 days from the date of receipt of the application.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Foreign investors (individuals and organizations) with projects as prescribed in Clause 3, Article 28 of Decree 118/2015/ND-CP (Investment projects implemented in many provinces and centrally run cities with headquarters or executive offices that the investor is located or plans to locate to implement the project in Hai Phong)
h) Results of implementing administrative procedures:
Certificate of registration of executive office operations according to Form II.6 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
Document for registration of establishment of executive office according to Form I.5 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
– Have a valid profile;
– The foreign investor is a party to the BCC contract.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Terminating the operations of the executive office of the foreign investor in the BCC contract
a) Order and method of implementation:
– Step 1: Foreign investors in the BCC contract prepare documents to notify the termination of operations of the executive office according to the provisions of Clause 2, Article 50 of the Investment Law.
– Step 2: Within 07 working days from the date of the decision to terminate the operation of the executive office, the foreign investor in the BCC contract submits a dossier to notify the termination of operations of the executive office at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance at 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: Within 15 days from the date of receipt of complete documents, the Department of Finance decides to revoke the Certificate of registration of executive office operations.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents as prescribed in Clause 2, Article 50 of the Investment Law, including:
– Decision to terminate operations of the executive office in case the executive office terminates operations ahead of schedule;
– List of creditors and paid debt amounts;
– List of employees and employee rights have been resolved;
– Confirmation from the tax authority that tax obligations have been fulfilled;
– Confirmation from the social insurance agency that social insurance obligations have been fulfilled;
– Confirmation of the police agency regarding the cancellation of the seal;
– Certificate of registration of executive office operations;
– Copy of Investment Registration Certificate;
– Copy of BCC contract.
d) Number of records:
01 set of documents
đ) Resolution deadline:
Within 15 days from the date of receipt of valid documents.
e) Implementing agency:
Hai Phong Department of Finance
g) Subjects carrying out administrative procedures:
Foreign investors (individuals and organizations) have executive offices in BCC contracts according to the provisions of Clause 3, Article 28 of Decree 118/2015/ND-CP (Investment projects implemented in many provinces and centrally run cities have headquarters or executive offices that the investor places or plans to locate to implement the project in Hai Phong).
h) Results of implementing administrative procedures:
Decision to revoke the Certificate of registration of executive office operations.
i) Fees:
No
k) Name of application form, declaration form:
None
l) Requirements and conditions for implementing the procedure:
No.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Change the Investment Registration Certificate for projects operating under the Investment License, Investment Certificate or other documents of equivalent legal value
a) Order and method of implementation:
– Step 1: Before carrying out the procedure for renewing the Investment Registration Certificate, the investor declares information about the investment project online at the National Foreign Investment Information System at the address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn
Investors prepare complete documents as prescribed in Point a, Clause 1, Article 61 of Decree No. 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: The investor receives the Investment Registration Certificate (renewal) after 03 working days from the date of submitting complete and valid documents at the Department of receiving documents and returning results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents specified in Point a, Clause 1, Article 61 of Decree No. 118/2015/ND-CP, including:
– Document requesting change of Investment Registration Certificate;
– Copy of Investment License, Investment Incentive Certificate, Investment Certificate or documents of equivalent legal value.
d) Number of records:
01 set of documents
đ) Resolution deadline:
Within 03 working days from the date of receipt of the application.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (individuals and organizations) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or regulatory offices. that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) operate under Investment License, Investment Incentive Certificate, Investment Certificate or documents of equivalent legal value.
h) Results of implementing administrative procedures:
Investment registration certificate according to Form II.4 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
Document requesting change of Investment Registration Certificate according to Form I.12 issued with Circular No. 16/2015/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
– Have a valid profile.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Investment guarantee in case investment incentives are not continued
a) Order and method of implementation:
– Step 1: The investor prepares documents and documents requesting investment guarantees according to the provisions of Clause 3, Article 3 of Decree No. 118/2015/ND-CP.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: Hai Phong Department of Finance decides to apply measures to ensure investment incentives according to the investor's proposal within 30 days from the date of receiving the investor's proposal. In case of exceeding authority, submit it to a competent state agency for consideration and decision.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents specified in Clause 3, Article 3 of Decree No. 118/2015/ND-CP, including:
– The document requesting the application of investment security measures includes the following contents:
+ Investor's name and address;
+ Investment incentives as prescribed in legal documents before the new legal documents take effect include: Type of incentives, conditions for enjoying incentives, incentive levels (if any);
+ The content of new legal documents contains regulations that change investment incentives;
+ Investor's proposal on applying measures to ensure investment incentives specified in Clause 4, Article 13 of the Investment Law.
– Investment license, Business license, Investment incentive certificate, Investment certificate, Investment registration certificate, investment policy decision document or other document of a competent state agency with regulations on investment incentives (if there is one of those types of documents).
d) Number of records:
01 set of documents.
đ) Resolution deadline:
Within 30 days from the date of receipt of valid documents.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Foreign investors (organizations and individuals) with investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones; (ii) Investment projects implemented in many provinces and centrally run cities with headquarters or executive office that the investor places or plans to place to implement the project in Hai Phong; iii) Investment projects implemented simultaneously in and outside industrial parks, export processing zones, high-tech zones and economic zones) are subject to investment incentives but investment incentives are abolished (stipulated in Clause 3, Article 13 of the Investment Law).
h) Results of implementing administrative procedures:
Text of decision to apply measures to ensure investment incentives as proposed by investors
i) Fees:
None
k) Name of application form, declaration form:
Proposal document prepared by the investor.
l) Requirements and conditions for implementing the procedure:
Meet the following conditions simultaneously:
– Investors whose investment projects are enjoying investment incentives but have had their investment incentives canceled (stipulated in Clause 3, Article 13 of the Investment Law).
– Written request sent to the Investment Registration Authority within 3 years from the effective date of the new document abolishing investor incentives.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 16, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
Provides information about investment projects
a) Order and method of implementation:
– Step 1: The investor sends a request to provide information about planning, investment project list and other information related to investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/ND-CP (including: (i) Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones ii) Investment projects implemented in many provinces and centrally run cities with headquarters or executive offices that the investor is located or expected to locate in Hai Phong; iii) Investment projects implemented simultaneously in industrial parks, export processing zones, high-tech zones and economic zones) at the Department receiving documents and returning results or through the postal system.Refer to Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.
– Step 2: Hai Phong Department of Finance provides information according to authority to investors within 05 working days from the date of receiving the investor's written request.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Profile components:
Text requesting information from investors
d) Number of records:
01 set of documents
đ) Resolution deadline:
Within 05 working days from receipt of the written request.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
Investors (organizations, individuals).
h) Results of implementing administrative procedures:
Information document of the Department of Finance
i) Fees:
According to each information content provided.
k) Name of application form, declaration form:
None
l) Requirements and conditions for implementing the procedure:
No
m) Legal basis of administrative procedures:
– Decree No. 118/2015/ND-CP dated November 12, 2015.
Contributing capital, purchasing shares, or capital contributions to economic organizations of foreign investors
a) Order and method of implementation:
– Step 1: The investor prepares complete documents as prescribed in Clause 2, Article 26 of the Investment Law.
– Step 2: The investor submits the application at the Department receiving documents and returning results or through the postal system to the Hai Phong Department of Finance, No. 01 Dinh Tien Hoang, Hong Bang district, Hai Phong city.
– Step 3: Investors receive Notice of meeting/not meeting the conditions for capital contribution, share purchase, and repurchase of capital contributions from foreign investors after 15 days from the date of submitting complete and valid documents at the Department of Receiving Documents and Returning Results, Hai Phong Department of Finance.
b) Working hours: Mondays to Fridays of the week; Morning from 7:30 to 12:00, Afternoon from 13:30 to 17:00.
Note: In case the Investor authorizes another person to submit the application and receive the results of administrative procedures, the person who submits the application and receives the results of the investment registration procedure must present the ID card or passport or other legal personal identification documents and the following documents:
Service provision contract between the Investor and the organization providing the service of submitting documents and receiving results and a referral from that organization to the individual who submits documents and receives results; or
Document authorizing the individual to submit the application and receive results according to the provisions of law.
c) Document components: Documents specified in Clause 2, Article 26 of the Investment Law, including:
– The document registering capital contribution, share purchase, or capital contribution includes the following contents: information about the economic organization to which the foreign investor intends to contribute capital, buy shares, or contribute capital; Charter capital ownership ratio of foreign investors after contributing capital, purchasing shares, or capital contributions to economic organizations;
– Copy of ID card, ID card or passport for individual investors; Copy of Certificate of Establishment or other equivalent document certifying legal status for institutional investors.
d) Number of records:
01 set of documents
đ) Resolution deadline:
Within 15 days from the date of receipt of valid documents according to regulations.
e) Implementing agency:
Hai Phong Department of Finance.
g) Subjects carrying out administrative procedures:
– Subjects carrying out procedures for registering capital contribution, purchasing shares, or capital contributions (Step 1) are foreign investors and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law in one of the following cases:
+ Foreign investors contribute capital, buy shares, or contribute capital to economic organizations doing business in conditional investment sectors for foreign investors;
+ Capital contribution, share purchase, capital contribution leads to the charter capital ownership ratio of foreign investors and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law increasing from less than 51% to 51% or more;
+ Capital contribution, share purchase, capital contribution leads to the charter capital ownership ratio of foreign investors and economic organizations specified in Points a, b and c, Clause 1, Article 23 of the Investment Law increasing from 51% or more to a higher level.
h) Results of implementing administrative procedures:
Notification of meeting investment conditions in cases of capital contribution, share purchase, and repurchase of capital contributions from foreign investors according to Form II.9 issued with Circular No. 16/2015/TT-BKHDT.
i) Fees:
No
k) Name of application form, declaration form:
Document for registration of capital contribution/share purchase/capital contribution of foreign investors according to Form I.4 issued with Circular No. 16/2015/TT-BKHDT dated November 18, 2015
l) Requirements and conditions for implementing the procedure:
– Meets the conditions specified in Points a and b, Clause 1, Article 22 of the Investment Law.
m) Legal basis of administrative procedures:
– Investment Law No. 67/2014/QH13 dated November 26, 2014;
– Decree No. 118/2015/ND-CP dated November 12, 2015;
– Circular No. 16/2015/TT-BKHDT dated November 18, 2015.
Procedures
