a) Implementation order: – Step 1: The investor submits documents as prescribed in Point a, Clause 2, Article 55 of Decree No. 31/2021/ND-CP to the Department of Finance [...]
a) Execution order:
– Step 1: Investors submit documents as prescribed in Point a, Clause 2, Article 55 of Decree No. 31/2021/ND-CP to the Department of Finance.
– Step 2: The Department of Finance sends documents to the land management agency and relevant agencies to get opinions on meeting the conditions specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Step 3: The consulted agency has its opinion on meeting the conditions specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Step 4: The Department of Finance considers the conditions for extending the operating term of the investment project specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of Decree No. 31/2021/ND-CP to prepare an appraisal report to submit to the Provincial People's Committee.
– Step 5: The Provincial People's Committee decides to extend the operating term of the investment project
b) How to do it:
– Directly at the administrative agency headquarters.
– Through the public postal service.
c) Profile components:
– Document requesting extension of the investment project's operating term;
– Decision to approve the investment policy;
– Investment registration certificate;
– Decision to approve the investor or documents of equivalent legal value;
– Certificate of land use rights or documents of equivalent legal value;
– Documents proving the investor's financial capacity include 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; Other documents proving the investor's financial capacity.
d) Number of documents: 04 sets of documents.
đ) Resolution deadline:
– Within 03 working days from the date of receiving the valid dossier, the Department of Finance sends the dossier to the land management agency and relevant agencies to get opinions on meeting the conditions specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Within 10 days from the date of receiving the valid dossier, the consulted agency has its opinion on meeting the conditions specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Within 15 days from the date of receiving valid documents, the Department of Finance shall consider conditions for extending the operating term of the investment project specified in Clause 4, Article 44 of the Investment Law and Clause 4, Article 27 of Decree No. 31/2021/ND-CP to prepare an appraisal report to submit to the Provincial People's Committee.
– Within 03 working days from the date of receiving the report from the Department of Finance, the Provincial People's Committee decides to extend the operating term of the investment project.
e) Implementing agency:
– The Department of Finance receives documents submitted to the Provincial People's Committee.
– The Provincial People's Committee decides to extend the operating term of the investment project.
g) Subjects carrying out administrative procedures:
– Investors;
h) Results of implementing administrative procedures:
Document of approval to extend the operating term of an investment project from the Provincial People's Committee (for projects under the investment policy approval authority of the Provincial People's Committee) or written approval to extend the operating term of the investment project from the Department of Finance (for projects subject to an Investment Registration Certificate and not subject to investment policy approval from the Provincial People's Committee).
i) Fees: None
k) Name of application form, declaration form:
Document requesting extension of the investment project's operating term according to Form A.I.14 issued with Circular No. 03/2021/TT-BKHDT.
l) Requirements and conditions for implementing the procedure:
– Investment projects fall under the investment policy approval authority of the Provincial People's Committee.
– The extension of the operating term of an investment project must meet the following conditions:
+ In accordance with national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any); consistent with urban development goals and orientations, housing development planning programs (for investment projects to build housing and urban areas);
+ Meet the conditions for land allocation and land lease according to the provisions of land law (in case of request to extend land use).
+ Not falling into the cases specified in Points a and b, Clause 4, Article 44 of the Investment Law, including:
Investment projects using outdated technology, with potential risks of environmental pollution, resource-intensive: a) Projects using technological lines when operating that do not meet the provisions of National Technical Regulations on safety, energy saving, and environmental protection; or capacity (calculated according to the number of products created by the technological line in a unit of time) or the remaining technological line's efficiency is less than 85% of the design capacity or efficiency; or the consumption of raw materials and energy exceeds 15% of the design.
Projects using machinery and equipment for production with commodity codes (HS codes) in Chapters 84 and 85 of the List of Vietnam's imported and exported goods with an age exceeding 10 years or when the operation does not meet the provisions of the National Technical Regulations on safety, energy saving, and environmental protection. In case there are no national technical regulations on safety, energy saving, and environmental protection related to the project's machinery and equipment, technical standards according to Vietnam's national standards or national standards of one of the G7 countries or Korea on safety, energy saving, and environmental protection shall apply.
Investment projects in cases where the investor must transfer assets without compensation to the Vietnamese State or Vietnamese party.
m) Legal basis of administrative procedures:
– Investment Law No. 61/2020/QH14 dated June 17, 2020;
– Decree No. 31/2021/ND-CP dated March 26, 2021;
– Circular No. 03/2021/TT-BKHDT dated April 9, 2021;
– Circular No. 25/2023/TT-BKHDT dated December 31, 2023 of the Ministry of Planning and Investment amending and supplementing a number of articles of Circular No. 03/2021/TT-BKHDT dated April 9, 2021 stipulating sample documents and reports related to investment activities in Vietnam, investment from Vietnam to foreign countries and investment promotion.
– Decree No. 239/2025/ND-CP of the Government: Amending and supplementing a number of articles of Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law
Procedures
