III. Procedures for issuance of Investment Registration Certificates to investment projects whose decisions on investment guidelines are issued by the People’s Committees of provinces:

Order of execution:

  • Step 1: An investor declares information about the application for IRC on National Investment Information
  • Step 2: An investor shall submit the file to Haiphong Department of Planning and Investment within 15 days from time when submitting application on National Investment Information
  • Step 3: Haiphong Department of Planning and Investment shall request relevant regulatory agencies in writing to give their opinions about the contents specified in Article 33 of this Law to.
  • Step 4: The requested agencies shall send their appraisal opinions on the contents under their management to the investment registration authority.
  • Step 5: Haiphong Department of Planning and Investment shall prepare  an  appraisal  report  with  the  contents  prescribed  in Article 33 of this Law and submit it to the provincial People’s Committee.
  • Step 6: HPPC shall grant the investment guideline approval, and provide a written explanation in the case of

Quantity, administrative procedures: 04 applications; application compiled in accordance with Article 33 of LOI.

An application for approval for investment guidelines of an investment project proposed by an investor includes:

  1. An application form for execution of the investment project, including a commitment to incur all costs and risks if the project is not approved;
  2. A document concerning the legal status of the investor;
  3. Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;
  4. Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of  the project and proposed demand for land use (if any), demand for labor, proposal for investment incentives, impact and socio – economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with the law on environment. If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project;
  5. If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;
  6. Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;
  7. The business cooperation contract if the investment project is executed under a business cooperation contract;
  8. Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in

An application for approval for investment guidelines of an investment project prepared by a competent authority includes:

  1. An application for approval for investment guidelines;
  2. Proposal for the investment project including the following main contents: investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project; information about the current use of land in the location of the project, conditions for land expropriation if the project is subject to land expropriation, expected demand for land use (if any); preliminary assessment of environmental impact (if any) in accordance with the law on protection of the environment protection; expected method of investor selection and conditions applicable to the investor (if any); and special regimes and policies (if any).

If the law on construction requires formulation of a pre-feasibility study report, the competent authority is entitled to submit the pre- feasibility study report instead of a proposal for the investment project.

Settlement time: (Article 36 Law on Investment)

  • Within 35 days from the receipt of the application, the investment registration authority shall notify results to the
  • Within 03 working days from the date on which the sufficient application is received, the investment registration authority shall request relevant regulatory agencies in writing to give their opinions about the contents specified in Article 33 of this Law to.
  • Within 15 days from receipt of the written request for opinions, the requested agencies shall send their appraisal opinions on the contents under their management to the investment registration authority.
  • Within 25 days from the receipt of the application, the investment registration authority shall prepare an appraisal report with the contents prescribed in Article 33 of this Law and submit it to the provincial People’s Committee.
  • Within 07 working days from the receipt of the application and the appraisal report, the provincial People’s Committee shall grant the investment guideline approval, and provide a written explanation in the case of refusal.

Declaration forms:

  • Application form for project execution: Form A.I.1 at Circular No. 03/2021/TT-BKHDT dated 09/4/2021 of Ministry of Planning and Investment.
  • Project proposal form: Form I.2 or A.I.3 at Circular No.03/2021/TT-BKHDT dated 09/4/2021 of Ministry of Planning and Investment.