Dossier of application for approval of investment policy for 100% foreign-invested enterprises

by DungTran

When a foreign investor enters Vietnam to invest in a project, he/she must carry out procedures to apply for an Investment Registration Certificate. However, before carrying out the procedures to apply for an Investment Registration Certificate, in some cases, the investor must register the investment policy under the authority of the Prime Minister or the provincial People’s Committee. Dossier of application for approval of investment policy for 100% foreign-invested enterprises?  Let us learn about this topic with LSX Law firm below:

Dossier of application for approval of investment policy of the provincial People’s Committee for 100% foreign-invested enterprises

Provincial-level People’s Committees shall decide on investment policies for the following projects:

Firstly, allocated or leased land by the State without auction, bidding, or transfer; projects requiring a change of land use purpose;

Secondly, the project uses technology on the List of technologies restricted from transfer under the law on technology transfer.

Dossier includes:

First, the written request for implementation of the investment project;

For individual investors: Copy of identity card or passport

For institutional investors: copy of Certificate of Establishment or other equivalent documents;

Secondly, the investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, deadline and schedule investment, labor demand, a proposal for investment incentives, assessment of the project’s socio-economic impact and efficiency;

Furthermore, Copies of one of the following documents: Financial statements for the last 2 years of the investor; or Commitment to the financial support of the parent company; Commitment to financial support from a financial institution; or Guarantee of the investor’s financial capacity; or Documents explaining the investor’s financial capacity;

Moreover, Proposing land use needs; if the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation.

In addition, the explanation on technology use includes the following contents: technology name, technology origin, technical process diagram; Main technical parameters, usage status of central machinery, equipment, and technological lines for projects using technologies on the List of technologies restricted from transfer BCC contract for investment projects in the form of BCC contract. 

Dossier of application for approval of investment policy of the Prime Minister for 100% foreign-invested enterprises

Specifically, in the case of projects of foreign investors in the fields of the shipping business, a business of telecommunications services with network infrastructure, afforestation, publishing, press, the establishment of scientific organizations science and technology, science and technology enterprises with 100% foreign capital. Accordingly, if a company with 100% foreign capital is established and related to the above issues, it must register the investment policy with the prime minister according to the provisions of the Law on Investment 2020.

Dossier includes:

The documents are the same as the investment policy registration of the Provincial People’s Committee Agency.

In addition, Plan for site clearance, migration, and resettlement (if any);

Moreover, preliminary assessment of environmental impacts, environmental protection solutions;

Finally, evaluate the impact and socio-economic efficiency of the investment project. 

Dossier for approval of the National Assembly’s investment policy

The National Assembly shall decide on investment policies for the following projects:

First, Nuclear power plant;

Secondly, the investment project requires the change of land use purpose of a special-use forest, watershed protection forest or border protection forest of 50 hectares or more; protection forest against the wind, flying sand and protection forest against waves and sea encroachment of 500 ha or more; production forests of 1,000 ha or more;

Thirdly, Investment projects that require relocation of 20,000 people or more in mountainous areas and 50,000 or more people in other areas;

Moreover, the investment project requires 20,000 people or more in mountainous areas and 50,000 people or more in other areas.

A dossier of application for approval of the National Assembly’s investment policy for 100% foreign-invested enterprises al Assembly’s investment policy for a 100% foreign-invested enterprise includes:

Plan on-site clearance, migration, and resettlement (if any);

Preliminary assessment of the impact on the environment and solutions to protect the environment;

Assess the economic, social, and effective impacts of the project;

Propose specific mechanisms and policies (if any). 

Hope this article is helpful for you!

If you have any questions; please contact Lawyer X for quick and best legal services: 0833102102.

Related questions

What is 100% foreign-invested enterprise ?

100% foreign-invested enterprise means an enterprise; with 100% capital investment by foreign investors to establish and operate in Vietnam.

Conditions for establishing a 100% foreign-invested enterprise

To establish a 100% foreign-invested enterprise, a foreign investor must apply for an Investment Certificate and send this dossier to the Investment Certificate-issuing agency.

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