Contents of Administrative procedures - Authority for Planning and Investment

Procedure Adjusting the Investment registration certificate for foreign-invested projects which are not subject to the Decision on investment policies (for the investment projects regarding the industries or services not yet committed or not provided for under Viet Nam’s WTO Commitments on Services and other investment international treaties and for which Vietnamese law has not set forth investment conditions applicable to foreign investors).
Process

Step 1: Submitting and receiving the dossier:


Organizations/citizens:

+ Investors must declare their investment project information at National Foreign Investment Information System (websites dautunuocngoai.gov.vn or fdi.gov.vn) before submitting application for Investment Registration Certificate.

+ Investors submit the dossier at the One-Stop-Shop division of Ha Noi Authority for Planning and Investment within 15 days from the date of declaring their investment project information at National Foreign Investment Information System; receive the receipt with the appointment of the result return.

+ The Authority for Planning and Investment receives the dossier, gives the receipt of the appointment of the date to get final results to organizations/citizens.


- Step 2: Handling the dossier:


Specialized divisions receive the dossier and check the validity and completion of the dossiers, submit the dossier to the leaders of Authority for Planning and Investment to approve the dossier handling results (Investment registration certificate / Notification on full completion of the dossier / Notification on invalid dossier).


- Step 3: Receiving the outcome:


Organizations/citizens receive the outcomes at One-Stop-Shop division of Ha Noi Authority for Planning and Investment.

Where to submit Investors submit dossier directly at the One-Stop-Shop division of Ha Noi Authority for Planning and Investment.
Contents and number of the dossier

a) Content of the dossier:


- Written request for adjustment to the investment project;


- A report on the project execution by the time of adjustment;


- The decision of the investor on the adjustment of investment projects (Decisions and valid copies of the meeting minutes of the Members' Council / General Meeting of Shareholders / partnership members /owners of the economic organizations that execute the investment projects on the adjustment of the investment projects or other lawful documents according to the provisions of law);


- Explaining or providing documents related to the adjustment of the following content (if any):


+ Valid copies of Identity cards / Citizen identification cards / Passport number for individual investors; Establishment Certificate or other equivalent document confirming legal status for institutional investors;


- Investment Project Proposal: investors implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, investment progress, the demand for labor, the proposal for investment incentives, the impact assessment, the socio-economic efficiency of the project;


- Copies of one of the following documents: the latest two-year financial statements of the investors; the commitment for financial support of the parent company; the commitment for financial support of the financial institution, the guarantee of financial capacity of the investors; documents explaining the financial capacity of the investors;


- Proposal for  a  need  of land  use;  if the  project  does  not  require  the  State  to  allocate  or  lease  out  land  or  to  permit  conversion  of  the  land  use  purpose,  a  copy of  the  site  lease agreement  or  other  document  certifying  that  the  investor  has  the  right  to  use  the  site  for implementation of the investment project;


- Explanation on the use of the technology for the projects using technology to restrict technology transfer according to the law on technology transfer, including  the  following  items: name  of the technology,  origin  of the  technology, diagram  of  technological  process;  main  technical specifications,  condition  of  machinery, equipment and main technological line to be used;


- Business cooperation contract (BCC) for investment projects under the BCC.


- Copies of issued Investment registration certificate/ Investment certificate/ Investment License/ Business license.


b) Number of the dossier: 03 (three) sets including 01 (one) original and 02 (two) copies

Processing duration Within 10 working days after receiving the complete and valid dossier.
Objects Organizations/citizens
Competent agency Authority for Planning and Investment
Outcome Investment registration certificate
Fee None
Form/Declaration

- Written request for adjustments to the investment project (Form I.7 promulgated in conjunction with Circular No. 16/2015/TT-BKHDT)


- A report on the project execution by the time of adjustment (Form I.8 promulgated in conjunction with Circular No. 16/2015/TT-BKHDT)


- Investment Project Proposal (Form I.3 promulgated in conjunction with Circular No. 16/2015/TT-BKHDT)

Other requirements When submitting the dossier and receiving the outcomes, the applicant must bring the following documents: - The receipt with the appointment of the result return. - ID card or other lawful personal identifications. In case the investors and businesses authorize an organization or an individual to submit the dossier and receive the outcomes on their behalf, the applicant must bring ID card, passport or other lawful personal identification and one of the following documents: (i) Service providing contract with the organization/individual providing the services of submitting dossiers and receiving outcomes on behalf of their customers and the letter of introduction of such organization/individual for the applicant; (ii) Documents authorizing the applicant to submit dossiers and receive outcomes according to the regulations of the Law.
Legal basis

- Law on Investment No. 67/2014/QH13 dated November 26, 2014.


- Decree No. 118/2015/ND-CP of the Government dated November 12, 2015 providing guidelines for implementation of a number of articles of Law on Investment.

- Circular No. 16/2015/TT-BKHDT dated November 18, 2015, regulations on application forms for investment procedures and reporting forms on investment in Viet Nam.

Administrative procedures