Granting project license procedures in Binh Dinh industrial zone

Binh Dinh is one of five provinces in the central economic region. Industrial modernity is the development goal of the province. Binh Dinh invites foreign investors to implement projects on high-tech industry, electronics industry, supporting industries, industrial engineering agricultural product processing industry. Currently, in Binh Dinh, there are 8 industrial parks, 37 industrial zones, and a large-scale Nhon Hoi economic zone ready to welcome potential investors.

Procedures for carrying out project implementation in industrial parks and economic zones in Binh Dinh include two main procedures, which are the application for approval of the investment policy and the issuance of the Investment Registration Certificate.

PROCEDURES FOR APPROVAL OF THE INVESTMENT POLICY IN BINH DINH

Procedures for approval of investment policies 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. According to regulations, there will be 4 competent agencies to approve investment policies depending on the nature of the project, namely the National Assembly; Prime Minister; Provincial People’s Committees; Management board of industrial parks, economic zones, export processing zones, high-tech zones. In this article, we will focus on cases where investors implement projects under the authority of the Management Board of industrial parks, economic zones, export processing zones, and high-tech zones to approve investment policies, including:

– An investment project that requires the State to allocate or lease land without auction, bidding, or transfer, or an investment project with a request for permission to change the land use purpose, except for the case of land allocation, lease land, permit the change of land use purpose of households and individuals who are not subject to the written approval of the provincial People’s Committee following the law on land;

– Investment projects on construction of houses (for sale, lease, lease-purchase), urban areas in the following cases: investment projects with a land-use scale of fewer than 50 hectares and a population size of fewer than 15,000 people in urban areas; investment projects with a land-use scale of fewer than 100 hectares and a population of fewer than 10,000 people in non-urban areas; investment projects regardless of land area size, the population in restricted development areas or historic inner cities (defined in urban planning projects) of special urban areas;

– Investment projects of foreign investors and foreign-invested economic organizations implemented in islands and border communes, wards and townships; coastal communes, wards, and towns; other areas affecting national defense and security.

Granting project license procedures in Binh Dinh industrial zone

Profile composition

a) A written request for implementation of the investment project, including a commitment to bear all costs and risks if the project is not approved;

b) Documents on investor’s legal status: is a valid copy of personal identification papers or papers certifying the establishment and operation of economic organizations, including:

– Personal identification number for individuals who are Vietnamese citizens or a valid copy of one of the following papers: Identity card, citizen identification card, valid passport, identification papers another individual to individual;

– A valid copy of one of the following papers: Certificate of business registration, Certificate of establishment, Decision of establishment, or other documents of equivalent legal value to the organization.

c) Documents proving the financial capacity of the investor, including at least one of the following documents: financial statements of the last 2 years of the investor; commitment to the financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the financial capacity of the investor;

d) Investment project proposal, including the following main contents: investor or investor selection form, investment objective, investment scale, investment capital, and capital mobilization plan, location, deadline, implementation progress, information on the current status of land use at the project site and proposed land use demand (if any), labor demand, the proposal for investment incentives, impact, socio-economic efficiency of the project, preliminary assessment of environmental impact (if any) following the law on environmental protection.

If the construction law stipulates the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal;

dd) If the investment project does not request the State to allocate, lease or permit the change of land use purpose, a copy of the paper on land use rights or another document determining the right to use the site shall be submitted. to carry out investment projects;

e) The explanation of the technology used in the investment project, for the project subject to appraisal and consultation on technology according to the provisions of the law on technology transfer;

g) BCC contract for investment projects in the form of BCC contract;

h) other documents related to the investment project, requirements on conditions, and capacity of the investor as prescribed by law (if any).

Dossier-receiving agency: Management board of industrial parks, economic zones, export processing zones, high-tech zones

Procedure

Step 1: Within 03 working days from the date of receipt of a valid dossier as prescribed, the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones shall send documents to collect opinions for appraisal. of relevant agencies on the contents under their state management:

– Assess the suitability of the investment project with the national planning, regional planning, provincial planning, urban planning, and planning of special administrative-economic units (if any);

– Assessment of land use needs;

– Preliminary assessment of the socio-economic efficiency of the investment project; preliminary assessment of environmental impacts (if any) under the law on environmental protection;

– Evaluation of investment incentives and conditions for enjoying investment incentives (if any);

– Evaluation of technology used in investment projects for projects subject to appraisal or consultation on technology by the law on technology transfer;

– Legal bases and conditions for applying investor selection form

– The ability to meet the conditions for land allocation or land lease in case of land allocation or land lease not through the auction of land use rights or bidding to select investors; ability to satisfy the conditions for change of land use purpose for projects requiring land use purpose change;

– Evaluation of the satisfaction of market access conditions for foreign investors (if any);

– Other conditions for investors by relevant laws.

– Assessment of the suitability of the investment project with the goals and orientations of urban development, housing development programs and plans; preliminary investment divergence plan to ensure synchronization requirements; preliminary structure of housing products and setting aside a land fund for social housing development; preliminary plan for investment in construction and management of urban infrastructure inside and outside the project scope, for investment projects on construction of houses and urban areas.

Step 2: Within 15 days from the date of receipt of the request of the Management Board of industrial parks, export processing zones, hi-tech zones, economic zones, the consulting agency shall give opinions on the contents under their state management, to the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones;

Step 3: Within 25 days from the day on which the valid application is received, the Management Board of the industrial park, export processing zone, high-tech zone, or economic zone shall make an appraisal report containing the opinions collected. specialized agency and decide to approve the investment policy.

Situations that require this procedure include:

Case 1: Investment project of the foreign investor;

Case 2: Investment project of an economic organization:

a) A foreign investor is holding more than 50% of the charter capital or the majority of general partners are foreign individuals, for economic organizations being a partnership;

b) Having an economic organization specified at Point a holding more than 50% of the charter capital;

c) There are foreign investors and economic organizations specified at point a holding more than 50% of the charter capital.

For projects that have been granted a decision on approval of investment policies, based on this decision, the Management Board of industrial parks, export processing zones, economic zones, and high-tech zones shall obtain an Investment Registration Certificate. within 5 working days.

Above are an overview of the project implementation steps in industrial parks and economic zones in Binh Dinh. Van Luat is always ready to advise on a full package of investment services for customers in need, so do not hesitate to contact us to receive the most preferential policies soon. Sincerely thank!

Reference source: website: https://thuvienphapluat.vn/

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