For the project, the policy must be approved

Depending on the size of the project, investors must apply for approval of investment policies from different competent agencies such as the National Assembly, the Prime Minister or the People’s Committee of the province.

File of application for policy approval include:

• A written request for the implementation of an investment project;
• A copy of the identity card, identity card or passport for the investor being an individual; a copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor being an organization;
• An investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule. , demand for labor, proposal for investment incentives, assessment of impacts, socio-economic efficiency of the project;
• A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;
• Proposed demand for land use; In case 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. current investment project;
• An explanation on the use of technology for the project includes the following contents: technology name, technology origin, technological process diagram; main technical parameters, use status of main machinery, equipment and technological lines;
• BCC contract for investment projects in the form of BCC contract;
• Preliminary assessment of environmental impact, environmental protection solutions.The investor will send the application to the investment registration agency for approval of the investment policy of the competent authority. After receiving the approval of the investment policy, the investor is not required to carry out the procedures for applying for an Investment Certificate. The investment registration agency will issue the Investment Registration Certificate to the investor within 05 working days from the date of receipt of the decision on investment policy.

For projects that do not require approval of investment policies

In order to establish a factory in Vietnam, foreign investors must be granted an investment registration certificate. An application file for an Investment Certificate includes:

• A written request for implementation of the investment project (made according to the form);
• Copy of identity card / identity card or passport for individual investors; a copy of the Certificate of Establishment or another equivalent document certifying the legal status of the investor being an organization;
• An investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule. , demand for labor, proposal for investment incentives, assessment of impacts, socio-economic efficiency of the project;
• A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;
• Head office lease contract, Documents proving the lessor’s right to lease (Land use right certificate, Construction permit, Business registration certificate with real estate business function of the lessor) or equivalent documents);
• Proposed demand for land use; In case 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. current investment project;
• An explanation of the use of technology for investment projects, for projects using technologies on the list of technologies restricted from transfer in accordance with the law on technology transfer, include the following contents: name of technology , technology origin, technological process diagram; main technical parameters, using status of main machinery, equipment and technological lines;
• BCC contract for investment projects in the form of BCC contract.

Your company must declare online information about investment projects on the National Information System on Foreign Investment. Within 15 days from the date of online declaration, the investor must submit the application for the Investment Registration Certificate to the provincial Board of Management of Industrial Parks, Export Processing and Hi-tech Parks.

After the application is received, the Investment Registration Authority will consider the validity and issue a code for the investment project. In case the application is refused, this Agency must notify the investor in writing and clearly state the reason.

The process of investment steps and payment stages.

In case of building a new factory, the investor must apply for a new construction permit.

• A construction permit dossier includes:
• An application form for a construction permit (made according to the form);
• A copy or file containing the original copy of one of the papers proving the land use right as prescribed by the law on land;
• A copy or a file containing two main sets of technical design drawings or construction drawings of construction works that have been approved and appraised by specialized agencies in accordance with the law on construction. construction, each set includes: Drawing of the total ground of the project or the total ground of each phase of the project at the scale of 1/100 – 1/500; Site drawings of each work on the land plot scale of 1/100 – 1/500, enclosed with a map of the location of the work; Drawings of elevations and main sections of each project, scale 1/50 – 1/200; Drawing of foundation ground plan at scale 1/100 – 1/200 and footing section at scale 1/50 of each work, together with diagram of connection with rainwater drainage, wastewater treatment, water supply, and electricity supply systems. , communication scale 1/50 – 1/200.
• A copy or file containing the original copy of the decision on approval of the work construction investment project;
• The copy or file containing the original copy of the report on design appraisal results of the construction specialized agency for the works as prescribed, subject to the design appraisal;
• A copy or file containing a photocopy of the original document of the investor’s commitment to ensure the safety of the works and neighboring works, for the built-in works with basements;
• A copy or a file containing a photocopy of the original declaration of capacity and experience of the organization or individual designed according to the form, enclosed with a copy of the construction practice certificate, for works not yet approved by a specialized agency. construction and design appraisal.

Management boards of industrial parks, export processing zones, economic zones and high-tech zones will receive the application and issue a construction permit to the investor if the application is valid or issue a written refusal to grant a construction permit. in case the profile is not valid.

An application file for a fire prevention and fighting license includes:

• An application form for the Certificate of fire prevention and fighting (made according to the form);
• A certified copy of the certificate of competence in fire prevention and fighting; test documents on fire prevention and fighting for newly renovated or newly built establishments, motorized vehicles that need to ensure fire prevention and fighting safety when converted or built; a certified copy of the record of safety inspection on fire prevention and fighting for other facilities and motor vehicles;
• A list of all fire prevention and fighting means and means of life-saving equipped (according to the form);
• Fire fighting plans;
• Deciding on the establishment of grassroots fire prevention and fighting teams;
  List of individuals who have passed training in fire prevention and fighting.

Investors submit dossiers at the Police Department for Fire Prevention and Fighting and Rescue. In case of authorizing another individual or unit to perform, a written authorization must be attached.

Besides the above main procedures, foreign investors still have to carry out some basic procedures after establishing a factory similar to setting up a business such as paying taxes, applying for seals, hanging signs, printing receipt…

When a foreign investor makes an investment in a service industry in Vietnam, the investor will face restrictions from the GATS schedule of commitments signed by Vietnam when joining the WTO such as regulations on the rate contributed capital, restricting the type of legal entity established for each specific industry in Vietnam. However, when building a manufacturing plant in Vietnam, foreign investors face very few limitations in terms of market access such as investment in service industries, except for some industries with high market value. conditions are regulated separately such as manufacturing and assembling automobiles, cosmetics, medical equipment, etc. Besides, the production process can have negative impacts that adversely affect the environment, so some Objects and projects specified in Appendix II to Decree No. 18/2015/ND-CP of the Government must carry out procedures for environmental impact assessment. This procedure must be performed during the project preparation phase.

Environmental impact assessment records

• Dossier of application for appraisal:
• One (01) written request for appraisal of the environmental impact assessment report made according to the prescribed form;
• Seven (07) environmental impact assessment reports of the project. In case the number of members of the appraisal council is more than seven (07), the project owner must provide an additional number of environmental impact assessment reports. The form of the cover page, the sub-cover page and the requirements on the structure and content of the environmental impact assessment report shall comply with the prescribed form;
• One (01) feasibility study report or investment project report or other equivalent document.
• Dossier submitted for approval after being appraised with approval results
• One (01) written request for approval of the environmental impact assessment report, clearly explaining the revised and supplemented contents according to the appraisal council’s conclusion, except for cases where no adjustment is required. edit, supplement;
• The environmental impact assessment report is bound in a hardback, the project owner signs at the bottom of each report page, including the appendix as prescribed.

The investor submits the application for approval of the environmental impact report to the People’s Committee of the province. The latest appraisal time limit is 30 days from the date of receipt of valid dossiers.

Note: For the case of building a production plant without applying for approval of the environmental impact assessment report, the investor must carry out procedures for certification of the environmental protection plan at the Department of Natural Resources and Environment. the school where the factory is located

Dossier for certification of the environmental protection plan includes:

• Three (03) copies of the environmental protection plan with the cover page and content requirements made according to the prescribed form;
• One (01) investment report or production, business or service plan.