Making an investment project is the first step for investors to conduct their investment activities. Investment projects are the basis for competent state agencies to consider and grant investment permits. Lawyer X received the following question:
Hello Lawyer X. I’m Tran Thi Y. Dear Lawyer, I am currently having an idea about investing in an apartment building project in Bac Giang. However, I don’t know how to make that idea into a complete investment project. What kind of procedures and papers do I need to do to be able to set up an investment project. I hope to receive feedback from the Lawyer as soon as possible so that I can quickly implement my idea. Thank you, Lawyer.
So how is an investment project made? What should an investment project contain? Please refer to the following article by Lawyer X
Legal grounds:
Law on Investment 2020
Investment project formulation process
Before proceeding with the formulation of an investment project, it is necessary to carry out several tasks as follows:
– Above all, research and evaluate the investment market;
– Secondly, determination of investment time and investment scale;
– Thirdly, selection of investment form;
– Conduct survey activities and select investment locations.
– Establish investment projects
The content of the investment project will be shown through: Pre-feasibility study report or report on the investment project’s policy proposal and; Feasibility research report.
A report on investment intentions is a document that presents preliminary research contents of a public investment program or group B or C project as a basis for competent authorities to decide on investment policy.
The pre-feasibility study report is a document presenting preliminary research contents of nationally important projects and group A projects as a basis for competent authorities to decide on investment policies.
Besides, a feasibility study report is a document that presents the research contents of the public investment program or project as a basis for the competent authority to decide on investment.
– So, Send project files and documents to the person competent to decide on investment, the investment lending organization, and the investment project appraisal agency.
Contents of Pre-Feasibility Study Report
The pre-feasibility study report will include the following contents:
– The need for investment, the conditions for investing; assessment of conformity with relevant planning by the law on planning and investment plans
– Besides, forecast of demand, the scope of service and expected investment objectives, size, and form of investment
– Investment area and location; Estimated demand for land use area and demand for other resource use
– Preliminary analysis and selection of technology, techniques, and conditions for supplying materials, equipment, raw materials, energy, services, and infrastructure
– Particularly, preliminary analysis and selection of investment options and sizes of investment items
– Overall plan for compensation, site clearance, resettlement, environmental protection measures
– Analysis and preliminary assessment of environmental and social impacts
– Then, preliminary determination of total investment, capital mobilization plan, capital structure
– So, preliminary determination of operating, maintenance, major repair, and maintenance costs in the project exploitation phase
– Estimated capital allocation plan, project implementation schedule, investment phase division
– After that, the preliminary determination of the socio-economic investment efficiency of the project
– Division of component projects or subprojects (if any)
– Solution organization implementation.
Contents of Feasibility Study Report
A typical feasibility study report will include the following:
Making public investment projects
– The need for investment
– Assess the current situation of the industry, the field under the objectives and scope of the program; urgent issues that need to be addressed in the program
– General objectives, specific goals, results, and key targets in each period
– Scope and scale of the program
– Component projects of the program that need to be implemented to achieve the program’s objectives; priority order and execution time of component projects
– Estimated total capital for program implementation, capital allocation according to objectives, component projects and implementation time, capital sources, and capital mobilization plans
– Estimated time and progress of program implementation
– Solution for program implementation; mechanisms and policies applicable to the program; the ability to integrate and coordinate with other programs
– Requirements for international cooperation (if any)
– Organizing the implementation of the program
– Evaluate the overall socio-economic effectiveness of the program.
Please read for reference: Projects applying for investment certificates in Vietnam
Making investment projects without construction structure
– Assessment of conformity with relevant planning by the law on planning
– Analyze and determine the project’s goals, tasks, and outputs; analyze and selection of a reasonable scale; determine the investment divergence; choose a form of investment
– Particularly, analysis of natural conditions, economic and technical conditions, selection of investment locations
– Plan on organization, management, exploitation, and use of the project
– Environmental impact assessment and environmental protection solutions
– Overall plan for compensation, site clearance, and resettlement
– Estimated progress of project implementation; key timelines for making investments
– Determination of total investment, capital structure, capital mobilization plan
– Moreover, determining the cost of operation, maintenance, maintenance, and major repair in the project exploitation phase
– Project management organization, including identifying investors, analyzing and selecting the form of project implementation management organization, relationships, and responsibilities of subjects related to the project implementation process, organization of project management apparatus
– Analysis of investment efficiency, including efficiency and impact of socio-economic, defense and security; ability to recover investment capital (if any).
Related article:
Regulations on investment under the model of public-private partnership in Vietnam
General legal regulations on investment guarantees in Viet Nam 2022
Frequently asked questions
When conducting a national important investment project/group A investment project, a pre-feasibility study report shall be prepared; Group B and C investment projects will make a report on investment project proposal proposals.
Proceed to submit at the investment registration agency. The investment registration agency may be the Department of Planning and Investment where the investor intends to locate the head office or executive office; or Management boards of industrial parks, export processing zones, high-tech zones, and economic zones.
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