For foreign direct investment (FDI)

Issuance of investment registration certificates for projects not subject to investment policy decision

  1. a) Order and method of implementation:

– Step 1: Before carrying out the procedures for grant of investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor shall prepare a complete file as prescribed in Clause 1, Article 33 of the Law on Investment.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the Investment Registration Certificate after 15 days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

Note: In the case of foreign investors carrying out investment activities in sectors or sub-sectors of services not yet committed or not specified in Vietnam’s Schedule of Commitments in WTO and other international treaties on which Vietnamese law has not yet provided for investment conditions for foreign investors, Hai Phong Department of Planning and Investment consulted with the Ministry of Planning and Investment and branch ministries for consideration and decision (according to Point dd, Clause 2, Article 10 of Decree 118/2015/ ND-CP), the time limit for settling procedures shall include the time for consultation of relevant ministries.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents:

– Dossier prescribed in Clause 1, Article 33 of the Investment Law includes:

+ Written request for implementation of investment project;

+ Copy of identity card or passport for individual investors; A valid copy of the Establishment Certificate or other equivalent documents certifying the legal status of institutional investors;

+ Proposal of investment project including the following contents: Investors implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment schedule, labor demand, proposal on investment incentives, assessment on socio-economic efficiency and impact of the project;

+ Copy of one of the following documents: financial statements of the latest 2 years of the investor; financial commitment of the parent company; financial institutions’ financial support commitment; guarantee of financial capacity of the investor; note on the financial capacity of the investor;

+ Copy of the agreement to rent the location or other documents certifying that the investor has the right to use the venue to execute the investment project;

+ BCC contracts for investment projects in the form of BCC contracts.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 15 days after receiving the valid dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment

  1. g) Subjects in charge of administrative procedures:

Foreign investors/ economic organizations implementing investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) not subject to investment policy decision in one of the following cases:

+ Foreign investors defined in Clause 14, Article 3 of the Law on Investment; economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Law on Investment on establishment of new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Law on Investment);

+ Foreign investors (individuals and organizations) and economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Investment Law on the execution of investment projects in the form of BCC contracts (Clause 1 Article 23 and Clause 2, Article 28 of the Investment Law);

+ Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law on the implementation of investment projects (Clause 1, Article 36 of the Investment Law).

  1. h) Results of administrative procedures:

Investment registration certificate (made according to Form No. II.2 issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

– Written request for implementation of an investment project, made according to Form I.1, issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam;

– Proposal of investment project (for projects not subject to investment policy decision) according to Form I.3 promulgated together with the Circular No. 16/2015 / TT-BKHDT dated November 18, 2015 of the Ministry of Planning Planning and Investment regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. l)Requirements and conditions for procedure implementation:

– Have valid records.

– Satisfy the conditions specified in Clause 3, Article 29 of Decree 118/2015 / ND-CP, including:

+ Objectives of investment projects that are not in the sectors and trades banned from business investment;

+ Investment projects that meet investment conditions for foreign investors as prescribed in Clause 1, Article 10 of Decree 118/2015 / ND-CP.

  1. 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 issuance of investment registration certificates for investment projects subject to policy decision of the People’s Committee of Hai Phong City

  1. a) Order and method of implementation

– Step 1: Before carrying out the procedures for grant of investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor shall prepare a complete dossier of procedures specified in Clause 1, Article 33 of the Investment Law.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment 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 a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 1, Article 33 of the Law on Investment includes:

– Written request for implementation of investment project;

– Copy of identity card or passport for individual investors; A valid copy of the Establishment Certificate or other equivalent documents certifying the legal status of institutional investors;

– Proposal of investment project including the following contents: Investors implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment schedule, labor demand, proposal on investment incentives, assessment on socio-economic efficiency and impact of the project;

– Copy of one of the following documents: financial statements of the latest 2 years of the investor; financial commitment of the parent company; financial institutions’ financial support commitment; guarantee of financial capacity of the investor; note on the financial capacity of the investor;

– Proposal of land use demand; In case the project does not request the State to allocate, lease land, or permit the change of land use purposes, submit a copy of the location-leasing agreement or other documents certifying that the investor has the right to use the location for implementing investment projects;

– Note on technology use for projects prescribed in Point b Clause 1 Article 32 of this Law including the following contents: technology name, technology origin, technological process diagram; main specifications, use status of main machines, equipment and technology lines;

– BCC contracts for investment projects in the form of BCC contracts.

  1. d) Number of documents: 04 set of documents.
  2. dd) Time limit for settlement: According to Clauses 3, 4, 5, 6 and 7, Article 33 of the Law on Investment, Clauses 5 and 6, Article 30 of Decree 118/2015 / ND-CP.

Step 1: Within 03 working days from the date of receipt of a complete and valid file, the Department of Planning and Investment of Hai Phong sends a dossier to consult the competent state agency on the content of the investment project within management of such agency according to the provisions of Clause 3, Article 30 of Decree 118/2015/ ND-CP.

Step 2: Within 15 days after receiving the investment project dossier, the consulted agency shall comment on the contents under its management and send it to the Hai Phong Department of Planning and Investment.

In particular, Hai Phong Department of Natural Resources and Environment is responsible for providing map extract; Hai Phong Department of Construction provides planning information as a basis for appraisal according to regulations within 05 working days from the receipt of request from Hai Phong Department of Planning and Investment.

Step 3 : Within 25 days after receiving the investment project dossier, Hai Phong Department of Planning and Investment prepares an appraisal report and submits it to the People’s Committee of Hai Phong city.

Step 4: Within 07 working days after receiving appraisal documents and report, Hai Phong City People’s Committee decides investment policy, in case of refusal, it must notify in writing and clearly state the reason.

Step 5: Within 05 working days from the date of receiving the investment policy decision from the People’s Committee of Hai Phong City, Hai Phong Department of Planning and Investment shall issue an investment registration certificate to the investor.

  1. e) Implementing agencies: Hai Phong Department of Planning and Investment
  2. g) Subjects in charge of administrative procedures:

Investors implementing investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) subject to decision on investment policy of the provincial People’s Committee (including: (i) Projects that are allocated or leased land by the State through auction, bidding or transfer; (ii) projects requiring change of land use purpose; Projects using technologies on the list of technologies restricted from transfer under the law on technology transfer) under one of the following cases:

+ Foreign investors defined in Clause 14, Article 3 of the Law on Investment; economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Law on Investment on establishment of new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Law on Investment);

+ Foreign investors (individuals and organizations) and economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Investment Law on the execution of investment projects in the form of BCC contracts (Clause 1 Article 23 and Clause 2, Article 28 of the Investment Law);

+ Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law on the implementation of investment projects (Clause 1, Article 36 of the Investment Law).

  1. h) Results of administrative procedures:

– Investment policy decision of the People’s Committee of Hai Phong City (according to the Form No. II.1 issued together with the Circular No. 16/2015 / TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam).

Investment registration certificate (made according to Form No. II.2 issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. i) Fees: 
  2. k) Name of application form, declaration form:

– Written request for implementation of an investment project, made according to Form I.1, issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam;

– Proposal of investment project (for projects subject to investment policy decision) according to Form I.2 promulgated together with the Circular No. 16/2015 / TT-BKHDT dated November 18, 2015 of the Ministry of Planning Planning and Investment regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. l)Requirements and conditions for procedure implementation:

– Have valid records.

– Have written decision on investment policy of the City People’s Committee.

  1. 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 issuance of investment registration certificates for investment projects subject to investment policy decision by the Prime Minister.

  1. a) Order and method of implementation

– Step 1: Before carrying out the procedures for grant of investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor shall prepare a complete dossier of procedures specified in Clause 1, Article 33 and Clause 1, Article 34 of the Investment Law.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment 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 a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: Documents specified in Clause 1 Article 33 and Clause 1 Article 34 of the Law on Investment include:

– Written request for implementation of investment project;

– Copy of identity card or passport for individual investors; A valid copy of the Establishment Certificate or other equivalent documents certifying the legal status of institutional investors;

– Proposal of investment project including the following contents: Investors implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment schedule, labor demand, proposal on investment incentives, assessment on socio-economic efficiency and impact of the project;

– Copy of one of the following documents: financial statements of the latest 2 years of the investor; financial commitment of the parent company; financial institutions’ financial support commitment; guarantee of financial capacity of the investor; note on the financial capacity of the investor;

– Proposal of land use demand; In case the project does not request the State to allocate, lease land, or permit the change of land use purposes, submit a copy of the location-leasing agreement or other documents certifying that the investor has the right to use the location for implementing investment projects;

– Note on technology use for projects prescribed in Point b Clause 1 Article 32 of this Law including the following contents: technology name, technology origin, technological process diagram; main specifications, use status of main machines, equipment and technology lines;

– BCC contracts for investment projects in the form of BCC contracts.

– Plan of site clearance, relocation, resettlement (if any);

– Preliminary assessment on environmental impacts, environmental protection solutions;

– Assessment on socio-economic impacts and efficiency of investment projects.

  1. d) Number of documents: 08 set of documents.
  2. dd) Time limit for settlement: According to Clause 2, 3, 4, 5, 6 Article 34 of the Law on Investment, Clause 3 Article 30 and Article 31 of Decree 118/2015/ ND-CP.

Step 1:

Within 3 working days after receiving a complete and valid dossier, Hai Phong Department of Planning and Investment sends 2 sets of dossier to the Ministry of Planning and Investment; At the same time, send documents to the competent state agencies related to the investment projects to get comments on the contents specified in Clause 3, Article 30 of Decree 118/2015 / ND-CP.

Step 2: Within 15 days after receiving request of Hai Phong Department of Planning and Investment, the agencies specified in Clause 3 of this Article shall give their opinions on the contents under their state management to send to the Hai Phong Department of Planning and Investment and Ministry of Planning and Investment.

Step 3 : Within 25 days after receiving a valid dossier, Hai Phong Department of Planning and Investment shall submit it to the People’s Committee of Hai Phong city for consideration and send its opinions to the Ministry of Planning and Investment on the following contents:

  1. a) Demands for land use, conditions for land allocation, land lease and permission for change of land use purpose in accordance with the land law (for projects with land assigned, land lease, and permission for change of land use purpose);
  2. b) Plan of site clearance, relocation, resettlement (if any) for the investment project requesting land allocation, land lease, permission to change land use purpose;
  3. c) Other contents within the competence of Hai Phong People’s Committee (if any)

Step 4: Within 15 days after receiving the opinions of the People’s Committee of Hai Phong City, the Ministry of Planning and Investment shall make an appraisal report containing the contents specified in Clause 6, Article 33 of the Investment Law to submit to the Prime Minister for investment policy decision.

Step 5: Within 7 working days after receiving the evaluation report of the Ministry of Planning and Investment, the Prime Minister shall decide on investment policy containing the contents specified in Clause 8, Article 33 of the Investment Law. The investment policy decision is sent to the Ministry of Planning and Investment, Hai Phong City People’s Committee and Hai Phong Department of Planning and Investment.

Step 6: Within 05 working days from the date of receiving the investment policy decision, Hai Phong Department of Planning and Investment issues the Investment Registration Certificate to the Investor.

  1. e) Implementing agencies: Hai Phong Department of Planning and Investment
  2. g) Subjects in charge of administrative procedures:

Investors implementing investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) subject to investment policy decision of the Prime Minister prescribed in Clause 1 , 2,3 Article 31 of the Law on Investment, under one of the following cases:

+ Foreign investors defined in Clause 14, Article 3 of the Law on Investment; economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Law on Investment on establishment of new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Law on Investment);

+ Foreign investors (individuals and organizations) and economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Investment Law on the execution of investment projects in the form of BCC contracts (Clause 1 Article 23 and Clause 2, Article 28 of the Investment Law);

+ Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law on the implementation of investment projects (Clause 1, Article 36 of the Investment Law).

  1. h) Results of administrative procedures:

– Written investment policy decision of the Prime Minister.

– Investment registration certificate (made according to Form No. II.2 issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. i) Fees: 
  2. k) Name of application form, declaration form:

– Written request for implementation of an investment project, made according to Form I.1, issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam;

– Proposal of investment project (for projects subject to investment policy decision) according to Form I.2 promulgated together with the Circular No. 16/2015 / TT-BKHDT dated November 18, 2015 of the Ministry of Planning Planning and Investment regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. l)Requirements and conditions for procedure implementation:

– Have valid records.

– Have written investment policy decision of the Prime Minister.

  1. 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 issuance of investment registration certificates for investment projects subject to investment policy decision by the National Assembly

  1. a) Order and method of implementation

– Step 1: Before carrying out the procedures for grant of investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor shall prepare a complete dossier of procedures specified in Clause 1, Article 33 and Clause 1, Article 35 of the Investment Law.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the Investment Registration Certificate after obtaining the National Assembly’s Resolution on investment policies and being granted Investment Registration Certificate by the Hai Phong Department of Planning and Investment at Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: Documents specified in Clause 1 Article 33 and Clause 1 Article 35 of the Law on Investment include:

– Written request for implementation of investment project;

– Copy of identity card or passport for individual investors; A valid copy of the Establishment Certificate or other equivalent documents certifying the legal status of institutional investors;

– Proposal of investment project including the following contents: Investors implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, investment schedule, labor demand, proposal on investment incentives, assessment on socio-economic efficiency and impact of the project;

– Copy of one of the following documents: financial statements of the latest 2 years of the investor; financial commitment of the parent company; financial institutions’ financial support commitment; guarantee of financial capacity of the investor; note on the financial capacity of the investor;

– Proposal of land use demand; In case the project does not request the State to allocate, lease land, or permit the change of land use purposes, submit a copy of the location-leasing agreement or other documents certifying that the investor has the right to use the location for implementing investment projects;

– Note on technology use for projects prescribed in Point b Clause 1 Article 32 of this Law including the following contents: technology name, technology origin, technological process diagram; main specifications, use status of main machines, equipment and technology lines;

– BCC contracts for investment projects in the form of BCC contracts.

– Plan of site clearance, relocation, resettlement (if any);

– Preliminary assessment on environmental impacts, environmental protection solutions;

– Assessment on socio-economic impacts and efficiency of investment projects.

– Proposal on specific mechanisms and policies (if any).

  1. d) Time limit for settlement: According to Clause 2, 3, 4 Article 35 of the Law on Investment

Step 1: Within 03 working days after receiving a complete project dossier, Hai Phong Department of Planning and Investment sends the dossier to the Ministry of Planning and Investment to report to the Prime Minister to set up the State Evaluation Council.

Step 2: Within 90 days from the date of its establishment, the State Evaluation Council shall organize the evaluation of investment project dossiers and prepare an appraisal report on the contents specified in Clause 6, Article 33 of the Law on Investment and making evaluation report to the Government.

Step 3: At least 60 days before the opening of the National Assembly session, the Government shall send the investment policy decision dossier to the National Assembly’s agency in charge of verification.

Step 4: The National Assembly shall consider approving a Resolution on investment policies of the National Assembly.

  1. e) Subjects in charge of administrative procedures:

Investors implementing investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) subject to investment policy decisions of the National Assembly prescribed in Article 30 of the First Law investment, in one of the following cases:

+ Foreign investors defined in Clause 14, Article 3 of the Law on Investment; economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Law on Investment on establishment of new economic organizations (Article 22 and Clause 1, Clause 3, Article 23 of the Law on Investment);

+ Foreign investors (individuals and organizations) and economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Investment Law on the execution of investment projects in the form of BCC contracts (Clause 1 Article 23 and Clause 2, Article 28 of the Investment Law);

+ Economic organizations specified at Points a, b and c, Clause 1, Article 23 of the Investment Law on the implementation of investment projects (Clause 1, Article 36 of the Investment Law).

  1. h) Results of administrative procedures:

– Resolution on investment policy of the National Assembly.

– Investment registration certificate (made according to Form No. II.2 issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. i) Fees: 
  2. k) Name of application form, declaration form:

– Written request for implementation of an investment project, made according to Form I.1, issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam;

– Proposal of investment project (for projects subject to investment policy decision) according to Form I.2 promulgated together with the Circular No. 16/2015 / TT-BKHDT dated November 18, 2015 of the Ministry of Planning Planning and Investment regulating form of investment procedure performance and report on investment activities in Vietnam).

  1. l)Requirements and conditions for procedure implementation:

– Have valid records.

– Have resolution on investment policy of the National Assembly.

  1. 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 the name of the investment project, the name and address of the investor in the investment registration certificate

  1. a) Order and method of implementation

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for procedures specified in Clause 1, Article 33 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 03 working days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 1, Article 33 of Decree 118/2015 / ND-CP includes:

– Request for adjustment of investment project.

– Documents related to changing name, address of investor or name of investment project.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 03 working days after receiving the written request for modification of the investment registration certificate.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted investment registration certificates, investment licenses and investment certificates or papers with equivalent legal value on adjusting the contents:

– Name of investment project;

– Name of investor (not including change from one investor to another);

– Address of the investor.

  1. h) Results of administrative procedures:

– Investment registration certificate (made according to Form No. II.3 issued together with Circular No. 16/2015/ TT-BKH dated November 18, 2015 of the Ministry of Planning and Investment on regulating form of investment procedure performance and report on investment activities in Vietnam).

In case of modification of an investment project operating under an investment license, investment certificate (concurrently a business registration certificate) or other papers with equivalent legal value, registration certificate investment to replace contents of investment projects in investment licenses, investment certificates (concurrently business registration certificates) or other papers with equivalent legal value. If the investment license, investment certificate (concurrently the business registration certificate) or other paper of equivalent legal value specifies the business registration content, the business registration content at this Paper continue to be valid.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

Written request for modification of investment project (applicable to adjustment of projects not subject to investment policy decision) according to Form I.7 issued together with Circular No. 16/2015 / TT-BKHDT dated November 18, 2015 of the Ministry of Planning and Investment regulating form of investment procedure performance and report on investment activities in Vietnam.

  1. l)Requirements and conditions for procedure implementation:

Have valid records.

  1. 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 the content of investment project (including: location of execution of investment project, area of land used, objectives of investment project scale, investment capital, capital contribution schedule and capital mobilization; duration of project activities; Project implementation schedule; investment incentives and support (if any) and conditions for investors) in the investment registration certificate (in case of not adjusting the investment policy decision)

  1. a) Order and method of implementation:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for procedures specified in Clause 2, Article 33 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 10 working days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 2, Article 33 of Decree 118/2015 / ND-CP includes:

– Request for adjustment of investment project.

– Report on the implementation of the investment project to the time of requesting the adjustment of the investment project;

– Decision on adjusting the investment project of the investor;

– Explain or provide documents related to the adjustment of the contents specified in points b, c, d, dd, e, g Clause 1 Article 33 of the Law on Investment (if any).

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 10 working days after receiving a valid dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted investment registration certificates, investment licenses and investment certificates or papers with equivalent legal value on adjusting one or some of the following contents and not subject to adjustment of investment policy:

– Location of the investment project, the area of land to be used;

– Objectives and scale of investment projects;

– Project investment capital, capital contribution schedule and capital mobilization;

– Duration of the project;

– Investment project implementation schedule;

– Investment incentives and support (if any);

– Conditions for investors implementing investment projects (if any).

  1. h) Results of administrative procedures:

– Certificate of investment registration (according to Form II.3 issued together with Circular No. 16/2015 / TT-BKHDT).

In case of modification of an investment project operating under an investment license, investment certificate (concurrently a business registration certificate) or other papers with equivalent legal value, registration certificate investment to replace contents of investment projects in investment licenses, investment certificates (concurrently business registration certificates) or other papers with equivalent legal value. If the investment license, investment certificate (concurrently the business registration certificate) or other paper of equivalent legal value specifies the business registration content, the business registration content at this Paper continue to be valid.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

– Written request for adjustment of investment project (applicable to adjustment of projects not subject to investment policy decision) according to Form I.7 promulgated together with Circular No. 16/2015/ TT-BKHDT.

– Report on the implementation of investment projects to the time of adjustment (Articles 33, 34, 35 and 36 of Decree 118/2015 / ND-CP) according to Form I.8 promulgated together with Circular No. 16/2015 / TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

– Have valid records.

– Adjusted contents not in the sectors and trades banned from business investment;

– Satisfy the investment conditions applicable to foreign investors in case the project has operating objectives of conditional investment lines or trades for foreign investors.

  1. 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 certificates, for investment projects subject to investment policy decision by provincial-level People’s Committees

  1. a) Order and method of implementation:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for procedures specified in Clause 2, Article 33 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 26 working days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 2, Article 33 of Decree 118/2015 / ND-CP includes:

– Request for adjustment of investment project.

– Report on implementation of investment project to the time of adjustment;

– Decision of the investor on the adjustment of investment projects

– Explain or provide documents related to the adjustment of the contents specified in points b, c, d, dd, e, g Clause 1 Article 33 of the Law on Investment (if any).

  1. d) Number of documents:

04 set of documents.

  1. dd) Time limit for settlement:

Within 26 working days after receiving a valid dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted investment registration certificates under the provincial-level People’s Committees’ decisions on investment policies, and investors to adjust one or several of the following contents:

– Adjust the target, investment location, main technology;

– Increase or decrease of more than 10% of the total investment capital, leading changes on objectives, scale and capacity of investment project;

– Adjust the duration of investment projects or change conditions for investors (if any).

Note 1: (Clause 5, Article 62 of Decree 118/2016 / ND-CP).

This procedure also applies to investment projects subject to approval or decision on investment policies as prescribed by law before the effective date of the Investment Law (before July 1, 2015) and approved by competent state agencies or investment policy decisions before the effective date of the Law on Investment. Now, the investor adjusts the investment project to change the content of the decision document or approve the investment policy.

Note 2: (Clause 3, Article 62 of Decree 118/2016 / ND-CP).

This procedure also applies to investment projects not subject to approval or decision on investment policies as prescribed by law before the effective date of the Investment Law (before July 1, 2015) but subject to investment policy decision in accordance with the Law on Investment and Decree 118/2016/ ND-CP in the following cases:

  1. a) Expand the scale of investment projects resulting in projects subject to investment policy decision prescribed in Articles 30 and 31 of the Investment Law;
  2. b) Supplement investment project objectives whose additional objectives are subject to investment policy decision as prescribed in Article 30 and Article 31 of the Law on Investment;
  3. c) Adjustment of the investment project, which adds one of the following contents: Propose to the State to allocate or lease land without auctions, tendering or receiving transfer of land use rights or assets attached to the land; propose the State to permit the transfer of land use purposes or propose the use of technologies on the list of technologies restricted from transfer according to the provisions of the law on technology transfer.

Note 3: (Clause 2, Article 34 of Decree 118/2016 / ND-CP).

In case of adjusting the contents not specified in Clause 1, Article 34 of Decree 118/2016/ ND-CP, the investor shall follow the procedures in accordance with the provisions of Section 4 and / or Section 5 of this administrative procedure set.

  1. h) Results of administrative procedures:

Certificate of investment registration (according to Form II.3 issued together with Circular No. 16/2015 / TT-BKHDT).

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

– A written request for modification of an investment project (applicable to cases in which investment policies are adjusted), made according to Form I.6 issued together with Circular No. 16/2015/ TT-BKHDT.

– Report on the implementation of the investment project to the time of adjustment according to Form I.8 issued together with Circular No. 16/2015/ TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

– The People’s Committee of Hai Phong City decided to adjust the investment policy.

  1. 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 certificates, for investment projects subject to adjustment of investment policy decisions of the Prime Minister

  1. a) Order and method of implementation:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for procedures specified in Clause 2, Article 33 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 47 days (35 days and 12 working days) from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 2, Article 33 of Decree 118/2015 / ND-CP includes:

– Request for adjustment of investment project.

– Report on implementation of investment project to the time of adjustment;

– Decision of the investor on the adjustment of investment projects

– Explain or provide documents related to the adjustment of the contents specified in points b, c, d, dd, e, g Clause 1 Article 33 of the Law on Investment (if any).

  1. d) Number of documents:

08 set of documents.

  1. dd) Time limit for settlement:

– Within 47 days (35 days and 12 working days)

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted investment registration certificates under the Prime Minister’s decisions on investment policies, and investors to adjust one or several of the following contents:

– Adjust the target, investment location, main technology;

– Increase or decrease of more than 10% of the total investment capital, leading changes on objectives, scale and capacity of investment project;

– Adjust the duration of investment projects or change conditions for investors (if any).

Note 1: (Clause 5, Article 62 of Decree 118/2016 / ND-CP).

This procedure also applies to investment projects subject to approval or decision on investment policies as prescribed by law before the effective date of the Investment Law (before July 1, 2015) and approved by competent state agencies or investment policy decisions before the effective date of the Law on Investment. Now, the investor adjusts the investment project to change the content of the decision document or approve the investment policy.

Note 2: (Clause 3, Article 62 of Decree 118/2016 / ND-CP).

This procedure also applies to investment projects not subject to approval or decision on investment policies as prescribed by law before the effective date of the Investment Law (before July 1, 2015) but subject to investment policy decision in accordance with the Law on Investment and Decree 118/2016/ ND-CP in the following cases:

  1. a) Expand the scale of investment projects resulting in projects subject to investment policy decision prescribed in Articles 30 and 31 of the Investment Law;
  2. b) Supplement investment project objectives whose additional objectives are subject to investment policy decision as prescribed in Article 30 and Article 31 of the Law on Investment;
  3. c) Adjustment of the investment project, which adds one of the following contents: Propose to the State to allocate or lease land without auctions, tendering or receiving transfer of land use rights or assets attached to the land; propose the State to permit the transfer of land use purposes or propose the use of technologies on the list of technologies restricted from transfer according to the provisions of the law on technology transfer.

Note 3: (Clause 2, Article 35 of Decree 118/2016 / ND-CP).

In case of adjusting the contents not specified in Clause 1, Article 35 of Decree 118/2016/ ND-CP, the investor shall follow the procedures in accordance with the provisions of Section 4 and / or Section 5 of this administrative procedure set.

  1. h) Results of administrative procedures:

Certificate of investment registration (according to Form II.3 issued together with Circular No. 16/2015 / TT-BKHDT).

  1. i) Fees: None
  2. k) Name of application form, declaration form:

– A written request for modification of an investment project, made according to Form I.6 issued together with Circular No. 16/2015/ TT-BKHDT.

– Report on the implementation of the investment project to the time of adjustment according to Form I.8 issued together with Circular No. 16/2015/ TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

– Be decided by the Prime Minister to adjust investment policies.

  1. 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 projects:

  1. 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 investment policy decision, (ii) The project is granted an investment registration certificate in case of investment policy decision, the investor has completed capital contribution, capital mobilization and put the project into operation and exploitation:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for the procedures specified at Point a, Clause 2, Article 37 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 10 working days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

* For investment projects subject to investment policy decision of the provincial-level People’s Committee:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for the procedures specified at Point a, Clause 2, Article 37 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 28 days (20 days and 08 working days) from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

* For investment projects subject to investment policy decision by the Prime Minister:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for the procedures specified at Point a, Clause 2, Article 37 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 47 days (25 days and 22 working days) from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

* For investment projects whose investment policy has been decided but the investor has completed capital contribution, capital mobilization and putting the project into operation, it is not required to carry out the procedures for adjusting the Investment policy decision upon transfer of investment project.

* In case a foreign investor receives an assignment of an investment project and establish an economic organization to carry out such investment project, the investor shall follow the procedures for grant or modification of the investment registration certificate, then carry out the procedures for establishment of economic organizations according to the provisions of law corresponding to each type of economic organization.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier prescribed in Point a Clause 2 Article 37 of Decree 118/2015 / ND-CP includes:

– Request for adjustment of investment project.

– Report on implementation of investment projects to the time of transfer of investment projects.

– Contract of transfer of investment projects or other documents with equivalent legal value.

– Copy of identity card or passport for individual investors, copy of business registration certificate or other documents with equivalent legal value for investors being organizations of investors accepting transfer.

– Copy of investment registration certificate or investment policy decision (if any).

– Copy of BCC contract for investment project in the form of BCC contract.

– Copy of one of the following documents of the investor transferring the investment project: financial statements of the latest 2 years of the investor; financial commitment of the parent company; financial institutions’ financial support commitment; guarantee of financial capacity of the investor; note on the financial capacity of the investor;

  1. d) Number of documents:

– 01 set of documents for: (i) an investment project operating under Investment Registration Certificate and not subject to investment policy decision; (ii) the project granted an investment registration certificate under the decision on investment policy in which the investor has completed capital contribution, capital mobilization and put the project into operation.

– 04 sets of documents for investment projects subject to adjustment of investment policy decisions of provincial-level People’s Committees.

– 08 sets of documents for investment projects subject to adjustment of investment policy decision of the Prime Minister.

  1. dd) Time limit for settlement:

– Within 10 working days after receiving a complete and valid dossier for investor change procedures for investment projects operating under investment registration certificates and not subject to investment policy decision.

– Within 28 days (including 20 days and 08 working days) from the date of receipt of a complete and valid file for procedures for changing 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 a complete and valid file for procedures for changing investors for investment projects operating under the first registration certificate investment and subject to investment policy decision of the Prime Minister.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

* The investor transferring the investment project in accordance with Clause 1 and 3 Article 28 of the Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) subject to one of the following cases:

– Investors with investment projects granted investment registration certificates;

– Investors with investment projects subject to investment policy decision by the Prime Minister or provincial-level People’s Committee but not granted investment registration certificate, except for investment projects for which investors have completed capital contribution, capital mobilization and putting the project into exploitation and operation.

* This procedure also applies to an investment project operating under Investment License, Investment Certificate, or papers with equivalent legal value. In this case, Hai Phong Department of Planning and Investment shall grant an investment registration certificate in lieu of the investment project contents specified in the investment license, investment certificate or legally valid equivalent papers.

  1. h) Results of administrative procedures:

– Investment registration certificate for investment projects operating under the Investment Registration Certificate (changing investors) according to Form II.2 promulgated together with Circular No. 16/2015/ TT-BKHDT .

– Document of adjustment of investment policy decision of the Prime Minister, provincial-level People’s Committee, for projects not granted investment registration certificates.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

– Cases of adjusting investment policies: Written request for modification of an investment project, made according to Form I.6 issued together with Circular No. 16/2015/ TT-BKHDT.

– Cases not subject to adjustment of investment policies: – Written request for modification of an investment project, made according to Form I.7 issued together with Circular No. 16/2015 / TT-BKHDT.

– Report on the implementation of the investment project to the time of adjustment according to Form I.8 issued together with Circular No. 16/2015/ TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

Meet the conditions for transfer of an investment project as prescribed in Clause 1, Article 45 of the Law on Investment, specifically:

– Not fall into one of the cases where the operation is terminated as prescribed in Clause 1, Article 48 of the Law on Investment;

– Satisfy investment conditions applicable to foreign investors in cases where foreign investors receive transfer of projects of conditional investment lines and trades applicable to foreign investors;

– Comply with the conditions prescribed by the law on land, the law on real estate business in case of project transfer associated with transfer of land use right;

– Conditions specified in the Investment Registration Certificate or other relevant laws (if any).

  1. 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 projects in case of division, separation, consolidation, merger, transfer of economic organizations

  1. a) Order and method of implementation:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for procedures specified in Clause 3, Article 38 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 15 days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: Documents specified in Clause 3, Article 38 of Decree 118/2015/ ND-CP include:

– Request for adjustment of investment project.

– Copy of the certificate of enterprise registration or a document with equivalent legal value of the investor receiving the investment project;

– Copy of the resolution or decision of the investor on the reorganization, including content on handling assets, rights and obligations related to the investment project.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 15 days after receiving the valid dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted investment registration certificates for reorganization (division, separation, consolidation, merger, conversion of business organization type) on changing the content of the investment registration certificate.

  1. h) Results of administrative procedures:

(Adjusted) investment registration certificate according to Form II.2 promulgated together with Circular No. 16/2015/ TT-BKHDT.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

– Written request for modification of an investment project, made according to Form I.7 issued together with Circular No. 16/2015 / TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

In case of division, separation, consolidation, merger or conversion of type of economic organizations.

  1. 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 projects according to court judgments or arbitration decisions

  1. a) Order and method of implementation:

– Step 1: Before carrying out the procedures for grant of adjusting investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete dossier for procedures specified in Clause 2, Article 39 of Decree 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (adjusted) Investment Registration Certificate after 15 days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 2, Article 39 of Decree 118/2015 / ND-CP includes:

– Request for adjustment of investment project.

– Copy of identity card or passport for individual investors; A copy of Enterprise Registration Certificate or other equivalent documents certifying the legal status of institutional investors.

– Effective judgments or decisions of courts or arbitration.

  1. d) Number of documents:

– 01 set of documents.

  1. dd) Time limit for settlement:

– Within 15 days after receiving the valid dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones)

  1. h) Results of administrative procedures:

(Adjusted) investment registration certificate according to Form II.2 promulgated together with Circular No. 16/2015/ TT-BKHDT.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

– A written request for modification of an investment project, made according to Form I.7 issued together with Circular No. 16/2015 / TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

Have effective judgments or decisions of courts or arbitration.

  1. 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.

 

Reissuance of investment registration certificate

  1. a) Order and method of implementation:

– Step 1: The investor submits the written request for the reissuance of the Investment Registration Certificate to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 2: The investor receives the (reissued) Investment Registration Certificate after 05 working days from the date of submitting application for reissuance of the Investment Registration Certificate to Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents:

– Written request for re-issue of investment registration certificate.

  1. d) Number of documents:

– 01 set of documents.

  1. dd) Time limit for settlement:

Within 05 days from the date of receipt of the investor’s request for the re-issue of the investment registration certificate.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones)

  1. h) Results of administrative procedures:

(Re-granted) investment registration certificate according to Form II.2 promulgated together with Circular No. 16/2015 / TT-BKHDT.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

None

  1. l)Requirements and conditions for procedure implementation:

The investor’s the investment registration certificate is lost or damaged.

  1. 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.

Correction of information on the investment registration certificate

  1. a) Order and method of implementation:

– Step 1: The investor submits written request for revising the information on the Investment Registration Certificate to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 2: The investor receives the Investment Registration Certificate (revising the information) after 03 working days from the date of the request for revising the Investment Registration Information at Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents:

– Written request for revision of information about the investment registration certificate.

  1. d) Number of documents:

– 01 set of documents.

  1. dd) Time limit for settlement:

Within 03 working days after receiving the investor’s request.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted an investment registration certificate and the information on the investment registration certificate not in accordance with the information in the investment registration file.

  1. h) Results of administrative procedures:

(Revised) investment registration certificate according to Form II.2 promulgated together with Circular No. 16/2015 / TT-BKHDT.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

None

  1. l)Requirements and conditions for procedure implementation:

For investment projects that require reissuance or revision of information

  1. 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.

Submission of investment registration certificate

  1. a) Order and method of implementation:

– Step 1: The investor submits the Investment Registration Certificate to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 2: The Department of Planning and Investment shall receive the Investment Registration Certificate submitted by the investor as soon as the investor submits to the Department of receiving files and returning results of the Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents:

– Certificate of investment registration

  1. d) Number of documents:

– 01 set of documents.

  1. dd) Time limit for settlement:

– As soon as the investor submits the Investment Registration Certificate

  1. e) Implementing agencies:

Department of Planning and Investment

  1. g) Subjects in charge of administrative procedures:

Domestic investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted investment registration certificates..

  1. h) Results of administrative procedures:

Department of Planning and Investment receives the investment registration certificate from the investor.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

None.

  1. l)Requirements and conditions for procedure implementation:

None

  1. m) Legal basis of administrative procedures:

– Decree No. 118/2015/ ND-CP dated November 12, 2015.

 

Extension of the investment schedule

  1. a) Order and method of implementation:

– Step 1: The investor prepares a written proposal for extension of schedule prescribed in Clause 2, Article 46 of Decree 118/2015/ ND-CP.

– Step 2: The investor submits written proposal for extension of schedule to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives a written opinion on the investment schedule extension of the Department of Planning and Investment after 15 days from the date of submitting the written proposal for extension of schedule at Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: Written proposal for extension of schedule with the contents specified in Clause 2, Article 46 of Decree 118/2015/ ND-CP, including:

– Operation of investment projects and the fulfillment of financial obligations to the State from the time of being granted investment registration certificates or investment policy decisions up to the time of extension;

– Explanation of the reason and duration of extension of project implementation schedule;

– Plan to continue project implementation, including capital contribution plan, capital construction schedule and putting the project into operation;

– Commitment of the investor to continue implementing the project.

  1. d) Number of documents:

– 01 set of documents.

  1. dd) Time limit for settlement:

Within 15 days after receiving the investor’s proposal.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) shall be granted investment registration certificates or investment policy decision decisions and investors requesting extension of investment schedule (schedule for implementation of investment capital, construction schedule, and putting the main project into operation (if any); progress of implementation of the operational objectives of the investment project) compared to the schedule specified in the investment registration certificate or investment policy decision document.

In case of adjusting the project implementation schedule written in the investment registration certificate or investment policy decision, it must follow the relevant procedures for adjusting investment registration certificates and investment policy decisions without following these procedures.

  1. h) Results of administrative procedures:

Document on extension of investment schedule according to Form II.7 issued together with Circular No. 16/2015/ TT-BKHDT.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

Proposal to extend the schedule of investment projects according to Form I.9 issued together with Circular No. 16/2015 / TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

Investors extend the implementation of investment capital, construction schedule and put the main works into operation (if any); the progress of the investment project’s operation objectives against the schedule specified in the grant of an investment registration certificate or investment policy decision.

  1. m) Legal basis of administrative procedures:

– Investment Law No. 67/2014/ QH13 dated November 26, 2014;

– Circular No. 16/2015 / TT-BKHDT.

Suspension of operation of investment project

  1. a) Order and method of implementation:

– Step 1: The investor submits Notice of Operation Suspension to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 2: Department of Planning and Investment records the operational status of the project.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents:

Notice of temporary suspension of operation of investment projects.

  1. d) Number of documents:

– 01 set of documents.

  1. dd) Time limit for settlement:

Upon receipt.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) ceasing operation of investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) are in operation.

  1. h) Results of administrative procedures:

– Department of Planning and Investment receives the notice of temporary suspension of operation of the investment project and records the operational status of the project.

In case of temporary suspension of operation of an investment project due to force majeure, the investor is exempted from land rent during the suspension period to remedy the consequences of force majeure.

  1. i) Fees: None
  2. k) Name of application form, declaration form:

Notice of temporary suspension of operation of an investment project (Clause 1, Article 47 of the Investment Law), made according to Form I.10 issued together with Circular No. 16/2015 / BKHDT.

  1. l)Requirements and conditions for procedure implementation:

Apply to the active project and the investor decides to stop the operation of the project.

  1. 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 operation of investment projects

  1. a) Order and method of implementation:

– Step 1: The investor prepares a project termination document.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: Department of Planning and Investment receives the file and records the operational termination status of the investment project.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents:

– In case of self-determination of termination of operation of investment project, the dossier specified at Point a, Clause 1, Article 48 of the Law on Investment includes:

+ Decision on termination of the operation of the investment project;

+ Enclosed with the investment registration certificate (if any);

– In case of termination of operation of investment project under the conditions specified in the contract, the charter of the enterprise or the expiry of the operation of the investment project (as prescribed at Points b and c, Clause 1, Article 1) 48 Investment Laws), including:

+ Notice of investor;

+ Investment registration certificate (if any)

+ Charter or contract in case the charter or contract records the termination of operation of investment project.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Upon receipt.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) cease operation in one of the following cases:

– The investor decides to terminate the operation of the investment project;

– The investment project terminates its operation according to the enterprise’s charter and contract;

– The project expires.

  1. h) Results of administrative procedures:

Receiving documents about termination of investment projects.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

Notice of termination of investment project operation according to Form I.11 issued together with Circular No. 16/2015 / TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

Have valid records.

  1. 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 11/28/2015.

Establishment of executive offices of foreign investors in BCC contracts

  1. a) Order and method of implementation:

– Step 1: Foreign investors in BCC contract shall prepare an application for registration of establishment of an operating office in accordance with Clause 4 Article 49 of the Law on Investment.

– Step 2: Foreign investors in BCC contract shall submit an application file for registration of establishment of an operating office at Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: Foreign investors in BCC contract shall receive the operating office operation registration certificate for the foreign investor in BCC contract after a period of 15 days from the date of submitting a valid dossier at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 4, Article 49 of the Law on Investment includes:

– Registration document of establishment of executive office, including name and address of representative office in Vietnam (if any) of the foreign investor in the BCC contract; name and address of the executive office; content, duration, scope of operations of the executive office; full name, residence, identity card or passport of the head of the executive office;

– Foreign investor’s decision in BCC contract on establishing executive office;

– Copy of the decision to appoint the head of the executive office;

– Copy of BCC contract.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 15 days after receiving the dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Foreign investors (individuals and organizations) having projects as prescribed in Clause 3, Article 28 of Decree 118/2015/NĐ-CP (Investment projects implemented in many many centrally-run provinces and cities with headquarters or executive offices that the investor places or intends to place to implement the project in Hai Phong)

  1. h) Results of administrative procedures:

Operating office operation registration certificate is made according to Form II.6 issued together with Circular No. 16/2015 / TT-BKHDT.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

The document of registration of establishment of executive office is made according to Form I.5 issued together with Circular No. 16/2015 / TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

– Have valid records.

– Foreign investor is a party to BCC contract.

  1. 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 the operation of executive offices of foreign investors in BCC contracts

  1. a) Order and method of implementation:

– Step 1: The foreign investor in the BCC contract shall prepare a notification of termination of operation of the operating office in accordance with Clause 2, Article 50 of the Law on Investment.

– Step 2: Within 07 working days since decision on termination of operation of the operating office, the foreign investor in the BCC shall submit a notification of the operating office’s termination to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: Within 15 days after receiving the complete dossier, the Department of Planning and Investment shall decide to revoke the executive office operation registration certificate.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 2, Article 50 of the Law on Investment includes:

– Decision to terminate operation of executive office in case operation office terminates operation ahead of time;

– List of creditors and debt amounts paid;

– List of employees and their benefits resolved;

– Tax authority’s certification of fulfillment of tax obligations;

– Social insurance agency’s certification on fulfillment of social insurance obligations;

– Confirmation of police office on canceling the seal;

– Operating office operation registration certificate;

– Copy of Investment Registration Certificate;

– Copy of BCC contract.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 15 days after receiving the valid dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment

  1. g) Subjects in charge of administrative procedures:

Foreign investors (individuals and organizations) having operating offices in BCC contracts as prescribed in Clause 3, Article 28 of Decree 118/2015/NĐ-CP (Investment projects implemented in many many centrally-run provinces and cities with headquarters or executive offices that the investor places or intends to place to implement the project in Hai Phong).

  1. h) Results of administrative procedures:

Decision to revoke the operation office operation registration certificate.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

Not available

  1. l)Requirements and conditions for procedure implementation:

None.

  1. 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 of investment registration certificate for projects operating under investment licenses, investment certificates or other papers with equivalent legal value

  1. a) Order and method of implementation:

– Step 1: Before carrying out the procedures for grant of changing investment registration certificates, investors may declare information of investment projects online at the National Information System on Foreign Investment at the following address: http://fdi.gov.vn or http://dautunuocngoai.gov.vn

The investor prepares a complete application as prescribed in Point a Clause 1 Article 61 of Decree No. 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: The investor receives the (changed) Investment Registration Certificate after 03 days from the date of submitting a complete and valid file at the Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: Documents specified at Point a Clause 1 Article 61 of Decree No. 118/2015 / ND-CP include:

– Written request for change of investment registration certificate.

– Copy of Investment License, Investment Incentive Certificate, Investment Certificate or equivalent legal documents.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 03 working days after receiving the dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (individuals and organizations) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) operate under investment licenses, investment incentive certificates and investment certificates or papers with equivalent legal value.

  1. h) Results of administrative procedures:

Certificate of investment registration (according to Form II.4 issued together with Circular No. 16/2015 / TT-BKHDT).

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

Written request for renewal of the Investment Registration Certificate made according to Form I.12 issued together with Circular No. 16/2015 / TT-BKHDT.

  1. l)Requirements and conditions for procedure implementation:

– Have valid records.

  1. 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 of discontinuation of investment incentives

  1. a) Order and method of implementation:

– Step 1: Investors prepare documents and applications for investment guarantee in accordance with Clause 3 Article 3 of Decree No. 118/2015 / ND-CP.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: Hai Phong Department of Planning and Investment decided to apply the investment incentive guarantee measures within 30 days from the date of receiving the investor’s request. In case of exceeding the competence, it must submit to the competent state agencies for consideration and decision.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: Documents specified in Clause 3, Article 3 of Decree No. 118/2015 / ND-CP include:

– Written request for application of investment assurance measures, including the following contents:

+ Name and address of the investor;

+ Investment incentives under the provisions of legal documents before the effective date of the new legal document, including: Types of incentives, conditions for enjoying incentives, level of incentives (if any);

+ Content of the new legal document with changes on the investment incentives;

+ Proposals of the investor on the application of 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 State agency’s document competent authorities with regulations on investment incentives (if having one of those documents).

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 30 days after receiving the valid dossier.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Foreign investors (organizations and individuals) having investment projects as prescribed in Clauses 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) eligible for investment incentives but their investment incentives are annulled (prescribed in Clause 3, Article 13 of the Law on Investment).

  1. h) Results of administrative procedures:

Written decision on application of measures to ensure investment incentives as proposed by the investor

  1. i) Fees:

Not available

  1. k) Name of application form, declaration form:

Written proposal made by the investor.

  1. l)Requirements and conditions for procedure implementation:

Meet the following conditions simultaneously:

– The investor with an investment project receiving investment incentives but the investment incentive is annulled (prescribed in Clause 3, Article 13 of the Investment Law).

– The written request sent to the investment registration agency within 3 years from the date the new document takes effect to abolish the investor’s preferences.

  1. m) Legal basis of administrative procedures:

– Investment Law No. 67/2014/ QH13 dated 11/16/2014;

– Decree No. 118/2015/ ND-CP dated November 12, 2015;

Provision of information about investment projects

  1. a) Order and method of implementation:

– Step 1: The investor submits a request to provide information about the planning, list of investment projects and other information related to the investment project as prescribed in Clause 1 and 3, Article 28 of Decree 118/2015/NĐ-CP (including: (i) Investment projects outside industrial parks, export processing zones, hi-tech parks and economic zones; (ii) Investment projects implemented in many centrally-run provinces and cities with headquarters or executive offices that investors place or plan to place in Hai Phong; (iii) Investment projects executed simultaneously inside and outside industrial parks, export processing zones, hi-tech parks and economic zones) at Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 2: Hai Phong Department of Planning and Investment shall provide information within its competence to investors within 05 working days from the date of receipt of the investor’s written request.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents:

Written request for providing information of the investor

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 05 working days after receiving the written request.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

Investors (organizations and individuals).

  1. h) Results of administrative procedures:

Informative document of Department of Planning and Investment

  1. i) Fees:

According to each content of information provided.

  1. k) Name of application form, declaration form:

Not available

  1. l)Requirements and conditions for procedure implementation:

None

  1. m) Legal basis of administrative procedures:

– Decree No. 118/2015/ ND-CP dated November 12, 2015.

Capital contribution, share purchase and capital contribution to economic organizations by foreign investors

  1. a) Order and method of implementation:

– Step 1: The investor shall prepare a complete file as prescribed in Clause 2 Article 26 of the Law on Investment.

– Step 2: The investor submits the dossier to Department of receiving files and returning results or via the postal system to Hai Phong Department of Planning and Investment No. 01 Dinh Tien Hoang, Hong Bang District, Hai Phong City.

– Step 3: Investors receive Notice of meeting/ failure to meet the conditions for capital contribution, share purchase, repurchase of foreign capital contribution within 15 days from the day on which a valid application is submitted to at Department of receiving files and returning results, Hai Phong Department of Planning and Investment.

  1. b) Working time: Days from Monday to Friday weekly, 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 file and receive the results of the administrative procedures, the person who submits the application and receives the result of the investment registration procedure must produce the identity card or passport or other lawful personal identification documents and the following documents:

Service supply contract between the investor and the organization in charge of submitting the application file and receiving the results and a letter of introduction of such organization to the individual who submits the application files and receives the results; or

Written authorization for individuals to submit dossiers and receive results in accordance with law.

  1. c) Documents: The dossier specified in Clause 2, Article 26 of the Law on Investment includes:

– Registration form for capital contribution, share purchase and capital contribution including the following contents: information on economic organizations that foreign investors plan to contribute capital, purchase shares or contribute capital; ratio of ownership of charter capital of foreign investors after contributing capital, buying shares, or buying capital contributions of business organizations;

– Copy of identity card or passport for individual investors; A copy of the Establishment Certificate or other equivalent documents certifying the legal status of institutional investors.

  1. d) Number of documents:

01 set of documents.

  1. dd) Time limit for settlement:

Within 15 days after receiving a valid dossier as prescribed.

  1. e) Implementing agencies:

Hai Phong Department of Planning and Investment.

  1. g) Subjects in charge of administrative procedures:

– Subjects carrying out procedures for registration of capital contribution, purchase of shares or capital contributions (Step 1) are foreign investors and economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the  Investment Law under one of the following cases:

+ Foreign investors contribute capital, buy shares, or contribute capital to economic organizations conducting business lines subject to conditional investment with foreign investors;

+ Capital contribution, share purchase, capital contribution result in the ownership ratio of charter capital of foreign investors and economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Law on Investment from less than 51% to 51% or more;

+ Capital contribution, share purchase, capital contribution result in the ownership ratio of charter capital of foreign investors and economic organizations prescribed at Points a, b and c, Clause 1, Article 23 of the Law on Investment 51% or more increased to a higher level.

  1. h) Results of administrative procedures:

Notice of fulfillment of investment conditions in case of capital contribution, share purchase or redemption of foreign investor’s capital contribution in accordance with Form II.9 issued with Circular No. 16/2015 / TT-BKHDT.

  1. i) Fees:

None

  1. k) Name of application form, declaration form:

Registration document of capital contribution/ purchase of shares / stakes of foreign investors according to Form I.4 issued together with Circular No. 16/2015 / TT-BKHDT dated November 18, 2015

  1. l)Requirements and conditions for procedure implementation:

– Satisfy the conditions specified at Points a and b, Clause 1, Article 22 of the Investment Law.

  1. 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.