1. Legal basis: – Investment Law No. 61/2020/QH14 dated June 17, 2020; – Decree No. 31/2021/ND-CP dated March 26, 2021; – Decree No. 68/2017/ND-CP dated May 25, 2017 of the Government […]
1. Legal basis:
– Investment Law No. 61/2020/QH14 dated June 17, 2020;
– Decree No. 31/2021/ND-CP dated March 26, 2021;
– Decree No. 68/2017/ND-CP dated May 25, 2017 of the Government on management and development of industrial clusters.
– Decree No. 66/2020/ND-CP dated June 11, 2020 of the Government amending and supplementing a number of articles of Decree No. 68/2017/ND-CP.
– Circular No. 03/2021/TT-BKHDT dated April 9, 2021.
– Circular No. 28/2020/TT-BCT dated November 16, 2020 regulating and guiding the implementation of a number of contents of Decree No. 68/2017/ND-CP of the Ministry of Industry and Trade.
2. Order of execution
Step 1: Implement procedures for selecting enterprises and cooperatives as investors to build industrial cluster technical infrastructure according to the provisions of Decree 68/2017/ND-CP dated May 25, 2017 and Decree No. 66/2021/ND-CP dated June 11, 2020
Step 2: Carry out investment approval procedures and approve the investor to implement the project
After the Investor Selection Evaluation Council is established to score, select an investor that meets the regulations in Clause 3, Article 15 of Decree No. 66/2021/ND-CP dated June 11, 2020 and notify the scoring results; The selected investor submits an application for investment policy approval to the Department of Finance for appraisal and submits to the City People's Committee for issuance of a decision approving the investment policy in accordance with the provisions of law on investment. In this step, the Department of Finance consults and inherits the evaluation results of the Investor Selection Evaluation Council to minimize consultation time with relevant departments, branches and units.
a. Profile element:
– Document requesting implementation of investment project, including commitment to bear all costs and risks if the project is not approved (according to form A.I.1 Appendix A issued with Circular No. 03/2021/TT-BKHDT dated April 9, 2021);
– Documents on the investor's legal status;
– Documents proving the investor's financial capacity include at least 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;
– Investment project proposal includes the following main contents: investor or form of investor selection, investment objectives, investment scale, investment capital and capital mobilization plan, location, deadline, implementation progress, information on current land use status at the project location and proposed land use needs (if any), labor needs, proposals for investment incentives, impacts, socio-economic efficiency of the project, assessment preliminary environmental impact price (if any) according to the provisions of law on environmental protection (according to form A.I.3 Appendix A issued with Circular No. 03/2021/TT-BKHDT dated April 9, 2021).
In case the law on construction stipulates the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal;
– In case the investment project does not request the State to allocate land, lease land, or allow change of land use purpose, submit a copy of land use rights documents or other documents determining the right to use the location to carry out the investment project;
– Other documents related to investment projects, conditions and capacity requirements of investors according to the provisions of law (if any).
b. Regarding the number of documents: 04 sets of documents
c. Processing time:
– Within 03 working days from the date of receiving valid documents as prescribed in Point a, Clause 4, Article 33 of Decree No. 31/2021/ND-CP, the Department of Finance sends documents to seek appraisal opinions from departments, district-level People's Committees where the project is expected to be implemented and relevant agencies regarding the content within the scope of state management of that agency according to the provisions of Clause 6 or Clause 8, Article 31 of this Law. Decree No. 31/2021/ND-CP.
– Within 15 days from the date of receiving the request from the Department of Finance, the consulted agencies have appraisal opinions on the content within the scope of their state management and send it to the Department of Finance;
– Within 25 days from the date of receiving valid documents as prescribed in Point a, Clause 4, Article 33 of Decree No. 31/2021/ND-CP, the Department of Finance shall prepare an appraisal report including appraisal contents as prescribed in Clause 6 or Clause 8, Article 31 of Decree No. 31/2021/ND-CP, and submit it to the City People's Committee.
– Within 07 working days from the date of receiving the documents and appraisal report, the City People's Committee considers and approves the investment policy for the project including the contents specified in Clause 7, Article 32 of Decree No. 31/2021/ND-CP.
After the City People's Committee issued the Decision approving the investment policy and approving the investor, the Department of Industry and Trade submitted an appraisal report on establishing an industrial cluster for the City People's Committee to make a decision to establish an industrial cluster.
Procedures
