Thus the provisions of the investment law the approval of investment policy is a necessary procedure in some investment activities involving foreign elements. So, what will a dossier of the application for approval of investment policy in Vietnam include? Following the issue, this article will provide you the information on the issue.
- 2020 Investment Law
Dossier of application for approval of investment policy
Hence Clause 1, Article 33, 2020 Investment Law; a dossier of application for approval of investment policy will contain the following documents:
- Request for implementation of an investment project, including a commitment to bear all costs and risks if the project is not approved
- Documents on investor’s legal status
- Documents proving the financial capacity of the investor include at least one of the following documents:
- Financial statements of the last 2 years of the investor
- Financial support of the parent company
- Guarantee on the financial capacity of the investor
- Financial institution’s commitment to financial support
- Other documents proving the investor’s financial capacity
- Investment project proposal includes the following contents:
- Investor or investor selection form, investment objective, investment scale, investment capital and capital mobilization plan
- Location, time limit, implementation progress, information on the current land use status at the project site and proposed land use demand (if any)
- Demand for labor, proposal for investment incentives, impacts, socio-economic efficiency of the project, preliminary assessment of environmental impacts (if any)
- If the construction law stipulates the preparation of a pre-feasibility study repor; the investor may submit a pre-feasibility study report instead of the investment project proposal.
- In case the investment project does not request the State to allocate or lease land or permit the change of land use purpose; then submit a copy of the land use right document or other document determining the right to use the site to implement the investment project.
- Explanation of the technology used in the investment project, for the project subject to appraisal and consultation on technology; in accordance with the law on technology transfer
- BCC contract for investment projects in the form of BCC contract
- Other documents related to the investment project, requirements on conditions and capacity of the investor as prescribed by law (if any).
Accordingly, the executing subjects of this procedure can be the investors or the competent state agencies. However, in this article, we will focus on the preparation that the investors need.
Above is the dossier of the application for approval of investment policy in Vietnam. Hope that the article could help you solve your problem. In case you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.
Foreign investment means that organizations and individuals of one country bring capital in different forms into another country to conduct business activities for profit. Foreign investment is made in the form of direct investment or indirect investment.
Approval of the investment policy means the approval of the project’s objectives, location, scale, progress, and duration by a competent state agency; investor or investor selection form, and special mechanisms and policies (if any) to implement investment projects.
There are 04 forms of foreign investment under Vietnamese law, which is:
– Establishment of an economic organization
– Capital contribution, purchase of shares, purchase of contributed capital
– Investment in the form of PPP contracts
– Investment under BCC contract