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Procedure for changing investor in the case of transfer of investment project for which decision on investment policies are issued by the provincial People’s Committees
Procedure type
investment
Issued agency
The Industrial Zones Authority
Process order

Steps for implementing

- Step 1: Applicant prepares documents as prescribed in Point a Clause 2 Article 37 of Decree No. 118/2015/ND-CP to submit at the one-stop shop of the provincial Industrial Zones Authority of Bac Giang (Bac Giang IZA).

+Address: The Center for Public Administrative Services, the Inter-agency headquarter, 3/2 Square, Bac Giang city, Bac Giang province.

+Tel: 0204 3662 005.

+ Time to receive the application: during working hours from Monday to Friday

+ Receiving method: the staff at the one-stop shop shall check documents. If documents satisfy the regulations, they will issue a receipt of documents including the date of returning results to applicant. In case applicant does not supply enough documents as required, he will be instructed to supplement documents.

- Step 2:

+ The staff at the one-stop shop for administrative procedures shall send the documents to the Investment Management Division as per required.

+ The Investment Management Division checks documents and advises the Head of Industrial Zone Authority to send documents to relevant competent authority to ask for comments about conditions for transfer of investment projects as set out in Clause 1 Article 45 of the Law on Investment

+ The authorities who are asked for comments shall send their comments about conditions of transfer of investment projects under their management to the IZA.

+ The Investment Management Division shall make an appraisal report on satisfaction of conditions for investment project transfer and advise the Head of IZA to submit this report to the provincial People’s Committee to for consideration and decision on adjustment to investment policies.

+ Upon the decision on adjustment to investment policies of the provincial People’s Committee, the Investment Management Division shall advise the Head of IZA to issue the investment registration certificate (adjusted) and forward result to the One-stop shop.

- Step 3: The individual/organization shall show the submission receipt and receive the administrative procedures result at the one-stop shop of the Industrial Zones Authority.

Time to receive the administrative procedures result: in working hours from Monday to Friday.

Process method
How to apply: application is directly submitted at the one-stop shop of the Industrial Zones Authority.
Docmument number and component
Required documents and number of the sets of documents a) Required documents: - Application for adjustment to investment project (form); - Report on project progression up to the time of transfer for investment project (form); - Contracts for the transfer of investment projects or other documents of equivalent legal value; - Copy of the people’s identity card, ID card or passport in the case of investors being an individual; copy of the incorporation certificate or other document of equivalent legal value in the case of investors being an organization; - Copy of the enterprise registration certificate and the investment registration certificate (if any); - BCC contract in the case of investment projects in the form of a BCC contract. - Copy of any one of the following documents: financial statements for the last two years of the investor; undertaking of the parent company to provide financial support; undertaking of a financial institution(s) to provide financial support; guarantee for the financial capability of the investor; or a document providing the financial capability of the investor; b) Number of sets of document: 08 sets (04 original sets).
Due-dates
Time limit: 28 working days from the date of receipt of valid set of documents
Process by
The object implementing administrative procedures * The investor transfers investment project in one of the following cases: - The investor owns the investment project in which the Investment Registration Certificate is issued. - The investor owns the investment project for which decision on investment policies is issued by the Prime Minister, the provincial People’s Committee and in which Investment Registration Certificate is not issued; excluding the project in which the investor has finished contributing and/or raising capital, and the project has been put into operation. * This procedure is also applied to investment projects operating under Investment License, Investment Certificate or another document with equivalent legal value. In this case, the Department of Planning and Investment shall issue the Investment Registration Certificate to replace content of investment project specified in Investment License, Investment Certificate or another document with equivalent legal value. * With regard to a project for which the decision on investment policies has been issued and in which the investor has finished contributing and/or raising capital, and the project has been put into operation, it is not required to follow the procedures for adjusting invesment policies in case of investment project transfer. * Where a foreign investor accepts the transfer of an investment project and establishes an economic organization to excecute such project, such foreign investor shall follow procedures for issuing or adjusting the investment registration certificate, then follow procedures for establishing an economic organization in accordance with legal regulations on establishments of the corresponding type of economic organization.
Result of administrative procedure
Level
3
Fees
Fees
Fees, duties: N/A
Document template
Requirement
Requirements and conditions for implementation of administrative procedures: to satisfy the conditions for transfer of investment projects in accordance with Clause 1, Article 45 of the Investment Law.
Legal foundation
Legal basis - Law No. 67/2014/QH13 on Investment dated November 26, 2014; - Decree No. 118/2015/ND-CP on detailing and guiding the implementation of a number of articles of the Law on Investment dated November 12, 2015 of the Government; - Circular No.16/2015/TT-BKHDT dated 18/11/2015 on regulating the application forms for investment procedures and reporting forms on investment in Vietnam.

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