The procedures for investor approsal in hai duong

Nhị Duong has a favorable geographical position located on the economic corridor of Lao Cai – Hanoi – Nhị Phong – Quang Ninh and the economic belt along the coast of the Gulf of Tonkin, which has created advantages for Nhị Duong to easily trade with other countries. neighboring provinces and become one of the bright spots attracting investment in the Red River Delta region. Currently, in the province, there are 11 industrial park infrastructure projects that have been invested in construction and are operating, exploiting and doing business. In industrial parks in operation, there are more than 200 projects with foreign direct investment (FDI) from more than 20 countries and territories around the world.

The types of investment options in Nhị Duong

According to the provisions of the investment Law 2020, investment selection is conducted through one of the following forms:

1. a) The auction of land use rights in accordance with the law on land;
2. b) Bidding to select investors in accordance with the law on bidding;
3. c) The investor approval

In this post, we will introduce to readers the case of an investment project subject to approval of investment policy, the competent authority approving the investment policy and at the same time approving the investor not through the auction of the right to use the investment policy. land use, investor selection bidding includes:

1. The investor with land use right is an investor who is using land due to land allocation, land lease, recognition of land use right by the State, or receipt of land use right in accordance with the law on land and At the time of submitting the application for approval of the investment policy, the land area currently being used by the investor is not on the list of projects that need to be recovered for national defense and security purposes or to recover land for development. socio-economic benefits for the national and public interest already approved by the People’s Council of the province, except for the case where the land is currently being used due to the extension of the investment project’s operation as prescribed in Article 27 of the Decree. 31/2021/ND-CP.
2. The investor is permitted by a competent state agency to receive the transfer, capital contribution, or lease of agricultural land use rights to implement investment projects on non-agricultural production and business in accordance with the provisions of law. land law;
3. The investors implementing investment projects in industrial parks or high-tech zones;
4. The other cases not subject to auction of land use rights, bidding to select investors according to the provisions of the law on land, bidding and other relevant laws.

The procedures for approval of investment policy and investor approval of Nhị Duong Provincial People’s Committee

Except for projects of special nature and falling into the above cases under the authority to approve investment policies of the National Assembly or the Prime Minister, the remaining cases other than industrial parks, export processing zones, and technology zones High, the economic zone will be under the jurisdiction of the People’s Committee of Nhị Duong province.

The procedure is as follows:

1. The investor shall submit 04 sets of dossiers of application for approval of the investment policy according to regulations to the investment registration agency, which is the Department of Planning and Investment of Nhị Duong province.
2. Within 03 working days from the date of receipt of the valid application, the Nhị Duong Department of Planning and Investment shall send the dossier to receive appraisal opinions from the Departments and the People’s Committee of the district where the application is expected to be carried out. project and related agencies on the contents under the state management scope of that agency.
3. Within 15 days after receiving the investment registration agency’s request, the consulted agency shall give its appraisal opinions on the contents under its state management and send it to the registration agency. investment signing;
4. Within 25 days from the day on which the valid application is received, the investment registration agency shall make an appraisal report and submit it to the People’s Committee of Nhị Duong province.
5. Within 07 working days from the date of receipt of the application and appraisal report, the People’s Committee of the province shall consider and approve the investment policy and concurrently approve the investor for the project.

The procedures for approval of investment policy and investor approval by the Management Board of Industrial Parks in Nhị Duong Province:

As mentioned above, the projects under the authority to approve the investment policy of the Provincial People’s Committee but implemented in the industrial park will be accepted by the Management Board of the industrial zones and issued the Decision. approve the investment policy and at the same time approve the investor.

The procedure is as follows:

1. The Investor submits 04 sets of application for approval of investment policy as prescribed to the Industrial Park Management Board
2. Within 03 working days from the day on which the valid application is received, the Management Board of the industrial park shall send the dossier to collect the appraisal opinions of relevant agencies on the contents within the scope of state management of the industrial park. that agency.
3. Within 15 days from the date of receipt of the request of the Management Board of industrial parks, export processing zones, high-tech zones or economic zones, the consulted agency shall give its appraisal opinions on the contents within the scope of this Article. state management, to the Industrial Park Management Board.
4. Within 25 days from the day on which the valid application is received, the Industrial Park Management Board shall make an appraisal report and decide to approve the investment policy and at the same time approve the investor for the project.

Note: In case two or more investors jointly submit valid documents to request the implementation of an investment project at the same location within 15 days (for projects under the authority to approve investment policies, of the People’s Committee of the province) from the date of receiving the first valid dossier of the investor, the investment registration agency shall carry out the procedures for notifying the investors of the implementation of the procedures for approving the owner. within 20 days after receiving the first investor’s valid dossier, not considering and returning the dossiers of other investors (if any) who submit their dossiers after the above 15-day time limit.

After that, the competent authority will review and appraise the application on the basis of exporting the first investor’s investment project. In case the investment project proposal of the first investor does not satisfy the conditions, the procedures for approving the investment policy shall be carried out according to the principle of considering the investment project proposals of each subsequent investor in turn. follow.

In fact, the process of carrying out the above procedures can take from 2-3 months, in order to receive support on documents and methods of working with state agencies, investors should choose service providers. reputation and experience. Van Luat has a team of experts with many years of experience in the fields of investment, business, and business license who are always ready to advise you