Issuance of investment registration certificate procedure for investment projects not approved to the investment policy in ha province

Ha Tinh is currently ranked 9th in the country in terms of attracting foreign investment. In 2021, under the significant impact of the global economic pandemic, Ha Tinh is one of the provinces honored to receive the medal of the Vietnam Economic Times for its impressive achievements and strategic breakthroughs in attracting FDI investment. These achievements have partly demonstrated the potential investment advantages that Ha Tinh can bring to investors.

For foreign investors, before implementing a project in Ha Tinh, regardless of any form of investment, they need to apply for the Investment Registration Certificate at the authorized state agency. According to the provisions of Decree 50/2016/ND-CP on the handling of investment violations, investors may be fined from 60,000,000 VND to 80,000,000 VND for acts of implementing the project that does not have an Investment Certificate or an Investment Registration Certificate. The following article will outline the procedures for granting investment registration certificates for investment projects that are not subject to the approval of investment policies in Ha Tinh.

Authority to issue the investment registration certificate.

According to the provisions of the Investment Law 2020 and guiding documents, the Investment Registration Authority is the competent state agency to grant, amend and revoke the Investment Registration Certificate. Specifically, one of two agencies: Department of Planning and Investment of Ha Tinh province; Management Board of industrial parks, export processing zones, high-tech zones, and economic zones.

Authority to issue investment registration certificates of the Department of Planning and Investment of Ha Tinh province:

– Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones.

– The following projects in which the investor places or plans to set up an executive office in Ha Tinh:

1. a) Investment projects implemented in 02 or more provincial-level administrative units;
2. b) Investment projects implemented inside and outside industrial parks, export processing zones, high-tech zones, and economic zones;
3. c) Investment projects in industrial parks, export processing zones, hi-tech zones, economic zones where the management board of industrial parks, export processing zones, hi-tech zones, economic zones has not been established or is not under the management of the Management Board of industrial parks, export processing zones, high-tech zones and economic zones.

Competence to issue investment registration certificates of the Management Board of industrial parks, export processing zones, hi-tech parks, and economic zones in Ha Tinh.

– Export processing zone is an industrial park specializing in producing export goods, providing services for export production and export activities.

– An industrial park is a defined geographical boundary area, specializing in the production of industrial goods and services provided for industrial production.

– An economic zone is an area with definite geographical boundaries, including many functional zones, established to fulfill the objectives of attracting investment, developing socio-economic, and protecting national defense and security.

The management board of industrial parks, export processing zones, hi-tech parks, and economic zones in Ha Tinh is competent to grant investment registration certificates in the following cases:

1. a) Investment projects on construction and business infrastructure of industrial parks, export processing zones, high-tech zones, and functional zones in economic zones;
2. b) Investment projects implemented in industrial parks, export processing zones, high-tech zones, and economic zones.

The agency competent to issue the Investment Certificate will also be the authority to receive the investor’s application.

Steps to take

Step 1: The investor submits 01 application for the Investment Registration Certificate, including the following contents, to the investment registration agency, which is the Department of Planning and Investment of Ha Tinh province or the Industrial Park Management Board, export processing zones, high-tech zones:

 

1. 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;
2. b) Investor’s legal status documents;
3. c) Investor financial proving documents, 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 support commitment by the financial organization; guarantee on the financial capacity of the investor; other documents proving the investor’s financial capacity;
4. d) Investment project proposal, including the following contents: investor or investor selection form, investment objective, investment scale, investment capital, and capital mobilization plan, location, duration, implementation progress, information on the current status of land use at the project site and proposed land use demand (if any), labor demand, the investment incentives proposal, impact, socio-economic efficiency of the project, environmental impacts preliminary assessment of(if any) by the environmental protection laws.

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;

đ) If the investment project does not request the State to allocate, lease land or permit the change of land use purpose, submit a copy of the paper on land use rights or another document determining the right to use the site for investment projects;

1. e) The explanation of the technology used in the investment project for the project subject to appraisal and technology consultation according to the provisions of the law on technology transfer;
2. g) BCC contract for investment projects in the form of BCC contract;
3. h) other documents related to the investment project, condition requirements, and investor capacity prescribed by law (if any).

Step 2: Within 15-30 days from the date of receiving the valid application, the Investment Registration Authority shall issue the Investment Registration Certificate to the investor.

Fee for issuance of Investment Registration Certificate: no

In addition to the direct application form, investors can choose to submit the application by post or online. For the online submission form, after the results are available, the investor still needs to submit the paper documents to the agency competent to issue the Investment Registration Certificate to consider the legitimacy of the online dossier and the original dossier. The paper must match the file online submitted system. Investors commit to taking legal responsibility for the contents of the submitted documents. Investors may be fined from 10,000,000 VND to VND 20,000,000 VND for making untruthful and inaccurate investment project dossiers in order to be granted an Investment Certificate or a Registration Certificate. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for failure to conduct investment activities according to the contents of the investment registration dossier.

For more detailed advice on investment procedures in Ha Tinh as well as other legal issues, please don’t hesitate to contact us. “One call – Ten thousand services” is the direction of Van Luat’s activities, hoping to bring customers the most convenience. Sincerely thank!

Quoted source: https://thuvienphapluat.vn

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