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Procedures for changing investors in case of transferring investment project that is required to have decision on investment policies issued by the Prime Minister
Procedure type
investment
Issued agency
The Industrial Zones Authority
Process order

Steps for implementing:

- Step 1: Applicant shall submit set of documents as regulated in Point A, Clause 2, Article 37 of the Decree No.118/2015/ND-CP at the one-stop shop (OSS) of Bac Giang Industrial Zones Authority

+ 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 of receipt: In working hours from Monday to Friday

+ Method of receipt: The staff of the OSS shall check the set of documents; if it satisfies the regulations, a receipt (with the date of returning result) shall be handed over to the investor. In case the applicant does not supply enough documents as required, they will be instructed to supplement documents.

- Step 2:

+ The staff of the OSS shall send the set of documents to the Investment Management Division as regulated

+ The Investment Management Division shall check and advise the head of IZA to sign document to send the set of documents to the competent State agencies for evaluation comment on conditions for transfer of the investment project as provided in Clause 1, Article 45 of the Investment Law. The agencies submitted the document shall provide their opinions on the transfer conditions under their scope of management to the Industrial Zone Authority.

+ The Investment Management Division shall review the opinions, make the appraisal report and advise the head of IZA to submit the provincial People's Committee for consideration and recommendation to the Ministry of Planning and Investment on the contents stipulated in Point c and Point d, Clause 1, Article 45 of the Investment Law (if any).

+ The Ministry of Planning and Investment shall make an appraisal report on conditions for transfer of investment projects to the Prime Minister for consideration and decision on adjustment of investment policies.

+ After obtaining the decision approving the investment policy of the Prime Minister, the Investment Management Division shall consult the head of the agency to sign the investment registration certificate (adjusted) and transfer the results to the OSS.

- Step 3: The investor shall show the receipt and receive the result at the OSS of Bac Giang Industrial Zones Authority.

Time to return results: In working hours from Monday to Friday

 

Process method
How to apply: Apply directly at the OSS - Bac Giang Industrial Zones Authority
Docmument number and component
Required documents and number of the sets of documents a) Required documents: - Written request for amendment of investment project (form); - Report on the implementation of the investment project up to the time of transfer of the investment project (form); - The transfer contracts of the investment project or other equivalent legal documents; - A copy of the identity card, citizen card or passport for an individual investor, a copy of the enterprise registration certificate or other equivalent legal documents for an organization investor; - Copy of investment registration certificate or decision on investment policy (if any); - Copy of BCC contract in the case of investment projects in the form of a BCC contract; - A copy of one of the following documents of the investor receiving the transfer of the investment project: the financial statement of the last two years of the investor, the financial support commitment of the parent company and the financial institution, the guarantee of the financial capacity of the investor, documents explaining the financial capacity of the investor. b) Number of sets of documents: 16 sets (08 original sets).
Due-dates
Time limit: 47 working days from the receiving date of the valid document
Process by
The objects implementing administrative procedure: * Investors transfer investment projects in one of the following cases: - Investors having investment projects granted investment registration certificates; - Investors having investment projects which are subject to investment policy decision of the Prime Minister or provincial People's Committees, but do not issue investment registration certificates, except for investment projects completed capital contribution, capital mobilization and put into operation by investors. * This procedure also applies to investment projects operating under investment licenses, investment certificates or papers of equivalent legal documents. In this case, the IZA shall grant investment registration certificates instead of the contents of investment projects defined in investment licenses, investment certificates or equivalent legal document. * For investment projects which have been decided on the investment policy and the investors have completed the capital contribution and capital mobilization and put the project into operation, the adjustment procedures on investment policy decision shall not have to be carried out when transferring. * In case a foreign investor receives an investment project and establishes an economic organization to implement that investment project, the investor shall carry out the procedures for granting or modifying the investment registration certificate, then do the procedures for establishing an economic organization in accordance with the provisions of law applicable to each type of economic organization. The agencies implementing administrative procedure: - The competent agency to decide as stipulated: Prime Minister, Bac Giang Industrial Zones Authority. - The agency directly implementing the administrative procedure: Bac Giang Industrial Zones Authority
Result of administrative procedure
Level
3
Fees
Fees
Fees, duties: N/A
Document template
Requirement
Requirements and conditions for implementation of administrative procedure: Satisfying the conditions for transfer of investment projects as regulated in Clause 1, Article 45 of the Investment Law.
Legal foundation
Legal basis - Investment Law No.67/2014/QH13 dated 26/11/2014 of the National Assembly; - Decree No. 118/2015/ND-CP dated 12/11/2015 of the Government detailing and guiding the implementation of a number of articles of the Investment Law; - Circular No.16/2015/TT-BKHDT dated 18/11/2015 of the Ministry of Planning and Investment stipulating forms of implementation of investment procedures and reports on investment activities in Vietnam.

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