IV. Procedures for issuance of Investment Registration Certificates to investment projects whose decisions on investment guidelines are issued by the Prime Minister:

Order of execution:

• Step 1: An investor declares information about the application for IRC on National Investment Information
• Step 2: Within 15 days from the time when submitting application for IRC on National Investment Information, the investor shall submit the files to Ministry of Planning and Investment.

Quantity, administrative procedures: 08 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. dd) 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.
3. Settlement time:

• Within 03 working days from the date on which the sufficient application is received, the Ministry 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.
• 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 Ministry of Planning and Investment.

• Within 40 days from the receipt of the application, the Ministry of Planning and Investment shall appraise it and prepare an appraisal report including the contents specified in Article 33  of  this  Law, and then submit it to the Prime Minister for investment guidelines approval.
• The Prime Minister shall consider granting investment guideline approval comprising the contents set out in Clause 1 Article 3 of this Law.

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 A.I.2 or A.I.3 at Circular No. 03/2021/TT-BKHDT dated 09/4/2021 of Ministry of Planning and Investment.