Procedures for implementing investment projects

Issued with Decision No. 33/2022/QĐ-UBND dated September 30th 2022 by Vinh Phuc People’s Committee

No. Procedures Specialized agency Time frame (days) Note
I Time frames for projects barring industrial zones
1 Approving transfer, capital contribution, leasing the right to use agricultural land for non-agricultural projects  20
Reviewing current status, reviewing planning, conditions for transferring, accepting capital contributions, leasing agricultural land use rights Department of Natural Resources and Environment 12
Approving transfering, accepting capital contribution, leasing the right to use agricultural land for non-agricultural projects Provincial People’s Committee 8
2 Procedures under the Law on Investment and the Law on Enterprises
2.1 Approving investment policies; selecting investors
2.1.1 Approving investment policies; approving investment policies concurrently with investors 25
Examining dossiers before seeking appraisals Department of Planning and Investment and relevant agencies 3
Seeking appraisals from relevant agencies 12
Collecting and reporting to the People’s Committee 5
Reviewing and Issuing approval of investment policies Provincial People’s Committee 5
2.1.2 Auctioning land use right and bidding to select investors Auctioning and bidding specialized agencies Per project
2.1.3 Approving investors 25
Examining dossiers before seeking appraisals Department of Planning and Investment and relevant agencies 3
Seeking appraisals from relevant agencies 12
Collecting and reporting to the People’s Committee 5
Reviewing and Issuing approval of investors Provincial People’s Committee 5
2.2 Licensing Investment Registration  
2.2.1 Investors who are approved for investment policies, investors or have won auctions of land use rights or bids are eligible for issuance of Investment Registration. Department of Planning and Investment 3
2.2.2 Investors who are approved for investment policies, investors or have won auctions of land use rights or bids are not eligible for issuance of investment registration but request to be granted investment registration. 3
2.2.3 Projects that are only required to be granted an Investment Registration or are not in groups 2.2.1 and 2.2.2 but the Investor requests to be granted an Investment Registration 10
Examining dossiers before seeking appraisals 3 x
Seeking appraisals from relevant agencies 5 x
Reviewing and Issuing Investment Registration 2 x
2.3 Establishing legal entity in Vinh Phuc to run a business 3
2.3.1 Granting household and cooperative business registration District-level Division of Finance and Planning 3
2.3.2 Issuing Certificates of Business Registration or Cooperative Union Department of Planning and Investment 3
2.4 Ascertaining the execution of projects
Written escrow agreement to ensure the execution of investment projects Department of Planning and Investment 1 x
3 Precedures of approving architectural design
3.1 Approving planning tasks Provincial People’s Committee; Department of Construction 20
 – Examining dossiers before seeking appraisals 3
 – Seeking appraisals from relevant agencies 7
 – Collecting and reporting to the People’s Committee 5
 – Reviewing and approving planning tasks 5
3.2 Approving detailed planning drafts 25
 – Examining dossiers before seeking appraisals 3
 – Seeking appraisals from relevant agencies 10
 – Collecting and reporting to the People’s Committee 7
 – Reviewing and approving detailed planning drafts Provincial People’s Committee 5
4 Procedures of environment
4.1 Environmental impact report 24
Verifying through a screening council Department of Natural Resources and Environment 18
Provincial People’s Committee shall review and approve Provincial People’s Committee 6
4.2 Environmental permits
4.2.1 Provincial-level environmental permits
Verifying through a screening council or party
  + For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP Department of Natural Resources and Environment 10

 

  + For other projects
23
Provincial People’s Committee shall review and approve Provincial People’s Committee
  + For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP 05
  + For other projects 07
4.2.2 District-level environmental permits
Verifying through a screening party Divisions of Natural Resources and Environment
  + For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP 10
  + For other projects 23
District-level People’s Committees shall review and approve District-level People’s Committees
  + For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP 05
  + For other projects 07
4.3 Environmental permits
  Submitting to national data base Commune-level People’s Committees
5 Procedures of land
5.1 Land acquisition  
 – Proposing Specialized bodies of Natural Resources and Environment
 – Issuing notices District-level and provincial people’s committees
5.2 Decision on land acquisition, approval of compensation plan for site clearance and resettlement; compensation, resettlement support  
Making plans and consulting relevant agencies, including 20 days of publishing Specialized bodies of site clearance 50 x
Verifying and proposing for approval Specialized bodies of Natural Resources and Environment 8
Considering issuing decisions approving land acquisition and compensation plans for resettlement support Same level people’s committees 3
Publishing decisions of approval and payment methods Specialized bodies of site clearance 30
5.3 Land transfer, land lease   17
Verifying dossiers Department of Natural Resources and Environment 14
Issuing decisions Provincial People’s Committee 3
5.4 Transfering land use purpose 11
Verifying dossiers Department of Natural Resources and Environment 8
Issuing decisions Provincial People’s Committee 3
5.5 Signing land lease contracts, issuing land use right certificates and on-site land assignment
Signing leasing contrant Department of Natural Resources and Environment 10
Issuing certificates of land use rights, on-site land assignment after investors fulfill financial obligations 5
6 Procedures for appraisal of feasibility construction reports, design and fire protection
6.1 Procedures of fire protection and fighting  
6.1.1 The Department of Planning and Investment shall obtain approval on project location under Sections 15 and 16 of Appendix V issued with Decree 136/2020/NĐ-CP Police Department of Fire Prevention and Fighting Same time frame to verify per the Department of Planning and Investment’s request
6.1.2 Feedback on fire prevention and fighting with detailed planning drafts 5
6.1.3 Feedback on fire prevention and fighting with basic design
Group A projects 10
Group B and C projects 5
6.1.4 Design approval for fire protection during appraisal progress of constructing post basic design
 – Group A projects 15
 – Group B and C projects 10
6.2 Reviewing construction feasibility report at specialized construction agencies and approving of construction projects
6.2.1 Agreement on infrastruction connection Specialized body in infrastructure   x
6.2.2 Validating construction feasibility report      
 – Examining dossiers before seeking appraisals Department of Construction or construction specialized agencies 3
 – Seeking appraisals from relevant agencies Relevant agencies  
  Seeking opinions in Group A projects 12
Seeking opinions in Group C projects 5
 – Collecting feedbacks and answering investors Department of Construction or construction specialized agencies
For group B projects 5
For group C projects 4
6.3 Reviewing post-basic design  
6.3.1 Reviewing post-basic design  
 – Examining dossiers before seeking appraisals Department of Construction or construction specialized agencies 3
+ Reviewing design in accordance with Clause 6, Article 82 of the Law on Construction amended and supplemented in Clause 24 Article 1 of Law No. 62/2020/QH14 shall proceed in compliance with Clause 4 Article 35 of Decree No. 15/2021/NĐ-CP Investors and review consultants
 – Seeking appraisals from relevant agencies Relevant agencies
+ Grade II and III structures 10
+ Below grade III structures 6
 – Collecting appraisals and answer investors Department of Construction or construction specialized agencies
+ Grade II and III structures 11
+ Below grade III structures 7
6.3.2 Approving post-basic design Investors
6.4 Construction permits Department of Construction or distric-level people’s committees 8
7 Commencement, building, acceptance test and inspection of acceptance
 – Sending notices to commune-level people’s committee and the Department of Planning and Investment 7 days before commencement. Within 15 days after commencement, investors are obliged to report on the current situation to the construction specialized agencies for acceptance test and inspection of acceptance. Investors
The investor shall organize the acceptance test for completion of the structures, sub-categories, which must be tested and approved for fire prevention and fighting and certified the completion of the environmental protection. Investors
 – Inspection of acceptance test Department of Construction or construction specialized agencies
Sending inspection results to investors simultaneously with the Department of Planning and Investment
8 Guaranteeing investment arrangements x
 – For projects in contingent business sectors under the Law on Invetsment, investors fulfill the procedures to guarantee investment arrangements before official initiation. Specialized agencies x
9 Issuing house and real estate ownership certificates
–  Issuing house and real estate ownership certificates Department of Natural Resources and Environment 5
II Time fames for investment procedures of projects in industrial zones
1 Procedures under the Law on Investment and the Law on Enterprises  
1.1 Approving investors, selecting investors  
2.1.1 Approving investment policies; approving investment policies concurrently with investors   25
Examining dossiers before seeking appraisals Management Board of Industrial Zones 3
Seeking appraisals from relevant agencies 12
Collecting and reporting to the People’s Committee 5
Reviewing and Issuing approval of investment policies Management Board of Industrial Zones or Provincial People’s Committee 5
2.1.2 Auctioning land use right and bidding to select investors Specialized bodies in auctioning for land use right and bidding to select investors Per each projects
2.1.3 Approving investors in accordance with Clause 1 or Clause 2 Article 30 of Decree No. 31/2021/NĐ-CP   25
Examining dossiers before seeking appraisals Management Board of Industrial Zones 3
Seeking appraisals from relevant agencies 12
Collecting and reporting to the People’s Committee 5
Reviewing and Issuing approval of investors Management Board of Industrial Zones or Provincial People’s Committee 5
2.1.4 Approving investors in accordance with Clause 4 Article 30 of Decree No. 31/2021/NĐ-CP   20
Examining dossiers before seeking appraisals Management Board of Industrial Zones 3
Seeking appraisals from relevant agencies 12
Reviewing and Issuing approval of investors 5
1.2 Issuing investment registration  
2.2.1 Investors who are approved for investment policies, investors or have won auctions of land use rights or bids are eligible for issuance of Investment Registration. Management Board of Industrial Zones 3
2.2.2 Investors not eligible for issuance of investment registration but request to be granted investment registration. Management Board of Industrial Zones 3
2.2.3 Projects that are only required to be granted an Investment Registration or requests to be granted an Investment Registration 10
Examining dossiers before seeking appraisals Management Board of Industrial Zones 3 x
Seeking appraisals from relevant agencies Relevant agencies 5 x
Reviewing and Issuing investment registration Management Board of Industrial Zones 2  x
1.3 Procedures of investment registering   3
Granting household and cooperative business registration District-level divisions of Finance and Planning 3
Issuing Certificates of Business Registration or Cooperative Union Department of Planning and Investment 3
1.4 Ascertaining the execution of projects  
 – Written escrow agreement to ensure the execution of investment projects Management Board of Industrial Zones 1
2 Procedures of land
2.1 Signing subleasing contract Department of Natural Resources and Environment 10
2.2 Issuing land use right permit, on-site land assignment Department of Natural Resources and Environment 3
3 Procedures of environment  
3.1 Environmental impact report 24
 – Verifying through a screening council Department of Natural Resources and Environment 18
Provincial People’s Committee shall review and approve Provincial People’s Committee 6
3.2. Environmental permits
3.2.1 Provincial-level environmental permits
Verifying through a screening council or party Department of Natural Resources and Environment
  + For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP 10
+ For other projects 23
Provincial People’s Committee shall review and approve Provincial People’s Committee
+ For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP 05
+ For other projects 07
3.2.2 District-level environmental permits
Verifying through a screening party Divisions of Natural Resources and Environment
+ For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP 10
+ For other projects 23
District-level People’s Committees shall review and approve District-level people’s committees
+ For projects belong in Clause 8 Article 29 of Decree 08/2022/NĐ-CP 05
+ For other projects 07
3.3 Environmental permits
  Submitting to national data base Commune-level people’s committees
4 Procedures of appraisal of feasibility construction reports, design and fire protection  
4.1 Procedures of fire protection and fighting  
4.1.1 The Department of Planning and Investment shall obtain approval on project location under Sections 15 and 16 of Appendix V issued with Decree 136/2020/NĐ-CP Police Department of Fire Prevention and Fighting Time frame the same as feedback per Management Board of Industrial zones’ requests
4.1.2 Feedback on fire prevention and fighting with detailed planning drafts 7
  Feedback on fire prevention and fighting with basic design
Group A projects 7
Group B and C projects 5
4.1.3 Design approval for fire protection during appraisal progress of constructing post basic design
 – Group A projects 12
 – Group B and C projects 7
4.2 Reviewing construction feasibility report and approving of construction projects  
4.2.1 Agreement on infrastructure connection Specialized body in infrastructure 7
4.2.2 Projects under the jurisdiction of the Department of Construction proceed in compliance with Section 6.2 Part I of this Appendix  
4.2.3 Reviewing construction feasibility reports are authorized to Management Board of Industrial Zones  
 – Examining dossiers before seeking appraisals Management Board of Industrial Zones 3
 – Seeking appraisals from relevant agencies Relevant agencies
  Seeking opinions in Group A projects 12
Seeking opinions in Group C projects 5
 – Collecting feedbacks and answering investors Management Board of Industrial Zones
For group B projects 5
For group C projects 4
4.2.4 Approving construction investment projects Investors
4.3 Reviewing post-basic design  
4.3.1 Reviewing post-basic design shall proceed as Section 5.4 Part I of this Appendix  
I4.3.2 Approving design and construction cost estimate Investors
5 Construction permits  
Projects under the jurisdiction of the Department of Construction Department of Construction 8
Projects under the jurisdiction of Management Board of Industrial Zones Management Board of Industrial Zones 8
6 Commencement and construction
 – Sending notices to commune-level people’s committee and the Department of Planning and Investment 7 days before commencement. Within 15 days after commencement, investors are obliged to report on the current situation to the construction specialized agencies for acceptance test and inspection of acceptance. Investors
The investor shall organize the acceptance test for completion of the structures, sub-categories, which must be tested and approved for fire prevention and fighting and certified the completion of the environmental protection. Investors
 – Inspection of acceptance test Department of Construction or construction specialized agencies
Sending inspection results to investors simultaneously with the Department of Planning and Investment
7 Guaranteeing investment arrangements x
 – For projects in contingent business sectors under the Law on Invetsment, investors fulfill the procedures to guarantee investment arrangements before official initiation. Specialized agencies
8 Issuing house and real estate ownership certificates
 – Issuing house and real estate ownership certificates Department of Natural Resources and Environment 5