The Diagram of Procedure Sequences:
Notes:
- (1), (2), (8), (10): at the District-level People’s Committee where the project is carried out (if the project has domestic capital with the area under 0.5 ha and the capital is under VND 15 billion); at Department of Planning and Investment (other projects)
- (3), (9): at Department of Planning and Investment
- (4), (13): at Department of Construction (FDI project, domestic projects with large scale over 0.5ha and over VND 15 billion dong); the District-level People’s Committee (domestic projects with the area under 0.5ha and under VND 15 billion dong)
- (5), (12): at the District-level People’s Committee for the Sheet of Undertaking to Protect the Environment; at Department of Natural Resources and Environment for the Report on the Evaluation of Environmental Impact
- (6), (11): at Department of Natural Resources and Environment.
- for projects inside the Industrial Zones, Special Economic Zones and Hi-Tech Parks established by the Prime Minister, all procedures shall be processed via the “One Door Section” of the Management Boards.
Sequences to carry out the procedures
Step 1: Procedure for registration to introduce investment location
1) The investor carry out registration procedure of investment location recommendation to be introduced a location which is suitable with socio-economic development plan and the provincial sector development plan on the basis of consideration of factors relating to business lines, area, environment protection.
Department of Planning and Investment will be responsible for handling this procedure.
2) Department of Planning and Investment will be responsible for receiving and handling documents and returning results.
3) Settlement time: not over 15 working days for projects outside industrial zones, 3 working days for projects inside industrial zones from the date of receiving full and legal les excluding time of document modification and supplementation.
Step 2: Enterprise registration procedures
1) Domestic investors shall carry out enterprise registration procedures in order to be granted Enterprise registration Certificate.
2) Department of Planning and Investment will be responsible for receiving and handling documents and returning results.
3) Settlement time: not over 07 working days including time for stamp-engraving of enterprise, from the date of receiving full and legal files
Step 3: Procedure for negotiation of investment location
Investment projects in industrial zones, complex does not require this step.
1) The investor will carry out procedures for negotiation of investment location to be approved for such location based on the consideration of factors relating to business lines, capital source, and progress of implementation schedule, resettlement and environment protection.
2) The document for negotiation of investment location will be considered a foundation for the investor to continue their next procedures.
3) Provincial People’s Committee will be responsible for dealing with this procedure.
4) Department of Planning and Investment will be responsible for receiving and handling documents and returning results.
5) Settlement time: not exceeding 15 working days from the date of receiving full and legal file.
Step 4: Procedures for investment registration
Projects which do not require investment registration will not take this step.
1) The Provincial People’s Committee will be authorized to deal with this procedure for investment location outside industrial zones; Management Board of industrial zones will be authorized for investment location inside industrial zones.
2) Organizations which receive files and return results
a) Department of Planning and Investment for investment location outside industrial zones, complexes
b) The Management Board of industrial zones for investment location inside industrial zones.
3) Department of Planning and Investment; Management Board of industrial zones will be authorized to deal with files.
4) Settlement time: not exceeding 15 working days for projects outside industrial zones, 03 working days for projects inside industrial zones, from the date of receiving full and legal files, excluding time for document modification and supplementation.
Step 5: Procedure for granting Investment Certificate
1) When investment location in step 3 is approved, the investor will make a le in order to be granted Investment Certificate, formed legal entity and confirmed their investment operation in accordance with the stipulations of Law on Investment.
The Provincial People’s Committee; the Management Board of industrial zones will be authorized to deal with this files
2) Department of Planning and Investment will be authorized to receive files and return results for investment location outside industrial zones, complexes; the Management Board of industrial zones for investment location inside industrial zones, complexes.
3) Settlement time: not over 15 working days for cases of registration and 30 working days for the cases of investigation to be granted Investment Certificate.
Step 6: Procedures for land-use rights
The investor will carry out one of the four following procedures:
1) Procedure for allocation of premise-cleared land
2) Procedure for allocation of premise-uncleared land
3) Procedure for renting premise-cleared land
4) Procedure for renting premise-uncleared land
Content of each of the above procedure is:
a) The investor will carry out procedures to request for allocating or renting land to implement the project after the land subject to recovery is recovered.
b) The Provincial People’s Committee will be authorized to deal with this procedure.
c) Department of Resources and Environment will be responsible for receiving, dealing with files and return results.
d) Settlement time: from 12 to 20 working days depending on each kind of procedure, from the date of receiving full and legal files.
Step 7: Environment procedures
1) The investor needs to make a report on environment impact assessment or commits to protect environment in accordance with the regulations to be appraised or granted the sheet of environment protection commitment which will be considered a foundation for implementing procedures for land-use and accepting works to put into use.
2) The Provincial People’s Committee will be authorized to deal with report on environment impact assessment; District-level People’s Committee are authorized to deal with registration of environment protection commitment; the Management Board of industrial zones for investment location inside industrial zones.
3) Department of Natural Resources and Environment will be responsible for receiving files, returning results; offices of People’s Committee of districts, towns will be responsible for registration of protection commitment; the Management Board of industrial zones for investment location inside industrial zones.
4) Settlement time: not over 30 working days for the report on environment impact assessment and 05 working days for registration of environment protection commitment, from the date of receiving full files.
Step 8: Construction procedure
i) Construction permit
1) Investment projects in industrial zones, complexes; projects which are suitable with the purpose of land use will not take this step.
a) The investor having demand to construct separate works of investment project which is not the project of residential area, industrial zones, complexes, economic zones…need to carry out procedures for granting construction permit.
b) Authorized organization to deal with this procedure:
b.1. Department of Construction will grant Permit for following constructions:
- Special grade, first grade in accordance with appendix 01 of Government Decree No.209/2004 NĐ-CP dated 16/12/2004 on quality management of construction works.
- Cultural-historical relics, monumental advertising statues
- Works on main roads, road axes in the urban area managed by the provincial authority.
b.2. The People’s Committee of district, towns will grant construction permit for other works.
2) Organizations which receive files and return results:
a) Department of Construction for works under the management of Department of Construction
b) One door division of District-level People’s Committee for other works
3) Organizations to deal with files: Department of Construction; District-level People’s Committee.
4) Settlement time: not exceeding 10 working days from the date of receiving full and legal files but excluding time for modification and supplementation of files.
ii) Approve the task of detailed construction planning
If the investor request for works construction which are not investment projects in industrial zones, complexes, and the investor should carry out procedures for the approval of the detailed plan.
1) Authorized organizations to deal with this procedure:
a) The Provincial People’s Committee will approve task of detailed construction plan with the ratio 1/2000 for functional areas of rank 3 urban areas, detailed plan with the ratio 1/2000 and ratio 1/500 for areas which scale of setting up the plan relates to administrative border line of more than two districts, other functional areas out of the urban areas (urban area, tourism area, heritage preservation area, area of education and training, medical area, local industry …), functional areas of new urban areas, high-tech parks, particular economic zones.
b) The People’s Committee of districts will approve task of detailed construction plan with the ratio 1/2000 for functional areas of rank 4, 5 urban areas, detailed construction plan with the ratio 1/500 for functional areas of 3, 4 and 5 urban areas; task of planning rural residential area after being approved by the People’s Council of the commune through decree and with the statement of approval from People’s Committee of the communes, wards, towns (hereafter called People’s committee of communes)
2) Department of Construction or the People’s Committee of the districts will receive files and return results.
3) Settlement time: not exceeding 30 working days for the project under the authority of the Provincial People’s Committee or 20 working days for the project under the authority of the People’ Committee of the districts from the date of receiving full and legal files.
iii) Approval of detailed construction planning
The investor having demand to build works or projects of residential area, industrial zones, complexes…need to carry out procedure for approval of the detailed plan.
1) Authorized organizations to deal with the procedure:
a) The Provincial People’s Committee will approve project of detailed construction plan with the ratio 1/2000 for functional areas of rank 3 urban areas, detailed plan with the ratio 1/2000 and ratio 1/500 for areas which scale of setting up the plan relates to administrative border line of more than two districts, other functional areas out of the urban areas (urban area, tourism area, heritage preservation area, area of education and training, medical area, local industry …), functional areas of new urban areas, high-tech parks, particular economic zones.
b) The People’s Committee of districts will approve project of detailed construction plan with the ratio 1/2000 for functional areas of rank 4, 5 urban areas, detailed construction plan with the ratio 1/500 for functional areas of 3, 4 and 5 urban areas; project of planning rural residential area after being approved by the People’s Council of the commune through decree and with the statement of approval from People’s Committee of the communes, wards, towns (hereafter called People’s committee of communes)
2) Department of Construction or the People’s Committee of the districts will receive files and return results.
3) Settlement time: not over 30 working days for the project under the authority of the Provincial People’s Committee or 20 working days for the project under the authority of the People’s Committee of the districts, from the date of receiving full and legal files.
iv) Granting possession right of the construction works
If the investor requests to be granted possession right of construction works, the investor should carry out procedure for granting possession right of the construction.
1) Authorized organizations to deal with the procedure:
a) Department of Natural Resources and Environment for works of the organization (including domestic and foreign organizations)
b) District-level People’s Committee for the works of individuals (including individuals inside and outside the country, oversea Vietnamese)
2) Organizations which receive files and return results:
a) Department of Natural Resources and Environment for constructions of organizations (including organizations inside and outside the country)
b) District-level People’s Committee for works of individuals (including individual inside and outside the country, oversea Vietnamese)
3) Settlement time: not exceeding 30 working days from the date of receiving full and legal files.
If you would like further information on Overview of investment certification processes in Vietnam, please either email to our Partners at: info@sblaw.vn or call to our Office:
Ha Noi Office: +84 (4) 62 62 0246
HCM Office: +84 (8) 35 208 101.
