In the context of our country’s investment market becoming more and more open, the investors choose to invest in the industrial park. So, what is the procedure for issuing investment certificate in the industrial park?
Authority to issue investment certificate
Regarding the authority to permit investment, in Clause 2, Article 28 of Decree 118/2015/ND-CP, the industrial park management board has the authority to receive, issue, adjust and withdraw the first registration certificate. Investment projects in industrial park, specifically including the following projects:
- Investment project for industrial park infrastructure development;
- Investment project implemented in industrial park.
Steps to apply for an investment certificate for projects in an industrial park
Step 1: Preparing a complete application file for investment certificate
Records include:
- Written proposal for implementation of the investment project (form I.1 regulated in Annex I Circular 16/2015/TT-BKHĐT);
- For individual investors: copy of the identify card or passport; for institutional investors: copy of the establishment decision or an equivalent document certifying the legal status;
- Proposals for the investment project, covering: information of the investor implementing the project, investment objectives and scope, investment capital and capital raising plan; the project’s location, duration, investment schedule and labor demand, investment incentives, and assessment of the project’s socio-economic impacts and benefits (form I.3 regulated in Annex I Circular 16/2015/TT-BKHĐT);
- A copy of one of the following documents: the investor’s financial statement of the last 2 years; financial support commitment of the parent company and of a financial institution; guarantee for the investor’s financial capacity; and document explaining the investor’s financial capacity;
- Proposal on land use; in case the investor does not propose the State to allocate or lease land or to permit change of land use purposes, the investor shall submit a copy of the site lease agreement or another document certifying that the investor has the rights to use the site used for project implementation;
- Explanation about use of technologies for the project (if any);
- The BCC, for investment project in the form of BCC.
Step 2: Submitting application for investment certificate in industrial park
Investor submits their prepared documents at the department for receiving and returning administrative procedure settlement results in the office of the industrial park management board.
Specialist will receive and check the records. If the application file is complete and valid, they will write an appointment letter to give the applicant fear, if the application is invalid or need to be supplemented, the Specialist will guide the applicant.
Step 3: Getting results
Applicant brings an appointment letter to the office of the industrial park management board to receive the results.
Processing time: within 15 days from the date of receipt of complete dossiers, the industrial park management board shall grant investment registration certificates to investors if they fully meet the conditions; in case of refusal, the investor must notify in writing to the investor and state the reason.
Implementing investment procedures on the national information system on foreign investment
According to Clause 1, Article 23 of Decree No. 118/2015/ND-CP, before carrying out the procedures for granting investment registration certificate, investor should make online declaration of information about the project on the national information system on foreign investment at: https://dautunuocngoai.gov.vn/fdi. Within 15 days from the date of online filing, the investor should submit application for investment registration certificate to the investment registration agency in the order of the above steps.
After receiving the application, the investor will be granted an account to access the national information system on foreign investment and can monitor the status of their application processing on this system.
The investment registration agency uses the national information system on foreign investment to receive, process and return the results of investment registration documents, update the situation of processing dossiers and issue code for the investment project.
Above are the advices of AMI on procedures for issuance of investment certificate in industrial park. If you need further advice on legal procedures, please contact AMI for best support.
