Foreign investment projects inside and outside industrial parks in our country are currently very popular, so learning about the regulations and procedures for investing in these projects in our country is very necessary. Registering investment projects inside and outside industrial parks can be simply understood as carrying out procedures for making an investment registration certificate and related investment procedures. Below are Viet My’s findings on regulations for foreign investment projects inside and outside industrial parks.

1. Conditions and procedures for project investment in industrial parks

Pursuant to Article 34 of Decree 35/2022/ND-CP regulating the management of industrial parks and economic zones, regulations on conditions and procedures for project investment in industrial parks are as follows:

• Satisfying conditions for investment in industrial park infrastructure, conditions for investors to carry out investment projects for construction and business of industrial park infrastructure
• Satisfying the conditions for consideration and approval of the investment policy on construction and business of the corresponding industrial park infrastructure as stipulated in Article 9 of the provisions of Article 10 of the conditions for investors to carry out the construction and business of industrial park infrastructure projects of this Decree.

The planned area for investment in urban development – services meets the following conditions:

• In accordance with provincial and urban planning in provinces and cities under the central government;
• The size of the area is suitable for the demand for public utilities and services of the industrial park, and the maximum size does not exceed one-third (1/3) of the size of the area of the industrial park.

Environmental Issues: Investment projects that are expected to attract investment in industrial zones that are not included in Level I and Level II of the List of Production, Business and Services at Risk of Environmental Pollution in accordance with the law on environmental protection.

2. Procedures for investment in projects in industrial parks

2.1 Documents for implementing project investment procedures in industrial parks

Pursuant to Clause 1, Article 31 of Decree 31/2021/ND-CP and Clause 1, Article 33 of the Investment Law 2020 stipulates that when carrying out investment procedures for investment projects in industrial parks, investors must prepare a number of documents. Specific sheets are as follows:

• Document requesting the implementation of an investment project, including commitment to bear all costs and risks if the project is not approved;
• Documentation on the legal status of investors;
• Document proving an investor’s financial capacity includes at least one of the following: investor’s last two-year financial statements; parent company’s commitment to financial assistance; financial institution’s commitment; investor’s guarantee of financial capacity; and other documentation proving investor’s financial capacity;
• The investment project proposal includes the following main contents: investor or form of investor selection, investment target, scale of investment, investment capital and plan for mobilization of capital, location, duration, implementation schedule, information on the status of land use at the project site and land use demand proposal (if any), labor demand, propose to receive investment incentives, impacts and socio-economic performance of the project, preliminary assessment of environmental impacts (if any) in accordance with the law on environmental protection.
• Where the law on development regulates the preparation of research reports on pre-performance, investors may submit research reports on pre-performance on behalf of the investment project proposal;
• Where the investment project does not request the State to allocate, lease, or permit the transfer of land-use purposes, a copy of the documents on land-use rights or other documents determining the right to use the site for the purpose of the investment project;
• Contents of explanations on technology used in investment projects for projects subject to assessment and consultation on technology in accordance with the law on technology transfer;
• BCC contracts for investment projects in the form of BCC contracts;
• Other documents related to investment projects and requirements on conditions and capacities of investors as stipulated by law (if any).

2.2 Sequence of implementing project investment procedures in industrial parks

Pursuant to Article 35 of Decree 31/2021/ND-CP, which provides detailed regulations and guidelines for the implementation of certain articles of the Investment Law, when investors carry out project investment procedures in the industrial park, include the following steps:

Step 1: Investor seeks appropriate industrial park and agrees with infrastructure company on location, area, utility service, price, fee and payment method.

Step 2: Submit documents to the competent authority

Pursuant to the Decision on Approval of Investment Policy, the Decision on Approval for Adjustment of Investment Policy, the Investment Registration Authority shall issue an Investment Registration Certificate within five working days from the date of receipt of the Decision on Approval of Investment Policy;

For investment projects under the jurisdiction of two or more Provincial People’s Committees, the request base of the Ministry of Planning and Investment, the Prime Minister shall assign the Department of Planning and Investment of a central province or city where the investor carries out the investment project, place or plan to reserve an executive office for the implementation of an Investment Project issuing an Investment Certificate.

For investment projects approved by the investment policy and investors who have won an auction and a bid; investment projects subject to investor approval as stipulated in clause 3, Article 29 of the Investment Law and those subject to the Certificate of Investment Registration, the investor shall submit a written request for issuance of an Investment Registration Certificate to the investment registration agency in order to be issued an Investment Registration Certificate within five working days from the date on which the investment registration agency receives the written request.

In the case of an investment project under the Economic Zone Management Board’s approval of an investor, the Economic Zone Management Board decided to approve the investor at the same time as issuing an Investment Registration Certificate.

For projects not covered by the grant of an Investment Registration Certificate, if there is a need to issue an Investment Registration Certificate, the investor shall submit a document requesting the grant of an Investment Registration Certificate, a valid copy of the Decision on Approval of Investment Policy and a valid copy of the Decision on Approval of Investors (if any) to an investment registrar to be issued an Investment Registration Certificate within five working days from the date of receipt of the proposed document.

Step 3: Notification of return of results.

3. Regulations and procedures for foreign investment projects outside industrial parks

Step 1: Decide on investment policy, issue investment registration certificates

Investors should be interested in the following information:

Receiving agency: The Economic Zone Management Board receives dossiers for projects implementing economic zones and industrial zones through the Public Administration Center.

Deadline for settlement:

• For projects within the jurisdiction of the Provincial People’s Committee: A maximum of not more than 35 days from the date of receipt of all valid dossiers;
• For projects within the jurisdiction of the Economic Zone Management Board: 15 days from the date of receipt of all valid dossiers;
• In the event that an investment registration certificate is to be issued or requested, the Economic Zone Authority shall issue it no later than 3 days from the date on which the decision on approval of the investment policy of the competent authority is made.

Step 2: Assessment and approval of planning tasks and planning plans

According to Article 10, “In the case of a construction investment project conducted by an investor with a scale of less than 5 hectares (less than 2 hectares for an apartment building investment project), the construction investment project shall be prepared without having to plan construction details…

About the planning task:

• According to the provisions of Clause 4, Article 11 of Decree No. 44/2015/ND-CP of May 6, 2015 of the Government “the construction detailed planning task preparation period does not exceed 1 month”.
• District People’s Committee Specialized Department (Urban Management Department or Infrastructure Economics Department) receives applications for 1 day.
• The Specialized Department of People’s Committee of district level appraised: no more than 8 days (a 50 percent reduction in the appraisal period excluding the consultation time of relevant Departments and units).
• The district-level People’s Committee approves the planning task no later than 10 days from the date of receipt of all valid documents as prescribed (according to Point b of Clause 2, Article 26 of Decree No. 44/2015/ND-CP of May 6, 2015).

Document composition: comply with the provisions of Article 17- Circular No. 12/2016/TT-BXD dated June 29, 2016 of the Ministry of Construction stipulating documents of tasks and regional construction planning projects , urban planning and construction planning of specific functional areas.

Step 3: Procedures for land lease, land allocation and environmental impact assessment procedures

An investor shall perform one of the following four types of procedures:

• Ground clearance procedures
• Land-delivery procedures that have not yet cleared the ground
• Procedures for land tax that has liberated the land
• Procedures for leasing ungrounded land

The contents of each of the above types of procedures are:

• Investors shall establish procedures for requesting the allocation or lease of land for project implementation after land subject to land recovery has been recovered
• The competent authority for settlement is the Provincial People’s Committee
• The agency that receives, processes, and delivers the results is the Department of Natural Resources and Environment.

Settlement period: From 12 to 20 working days depending on the type of procedures, from receipt of all valid applications.

Investors need to establish an Environmental Impact Assessment (DPI) or Registration of Environmental Protection Commitments in accordance with regulations to be assessed or issued a confirmation sheet of environmental protection commitments as the basis for the preparation of procedures for land use and the collection of works.

The competent authority for resolution is the Provincial People’s Committee for Reports (DPI); District People’s Committees for Registration of Environmental Protection Commitments; Management Boards for projects in Industrial Park, Economic Zone, High Technology Zone.

The agency that receives and delivers the results is the Department of Natural Resources and Environment for Reports (DPI); the District People’s Committee Office for Registration of Environmental Protection Commitments; the Management Board for Projects in Industrial Park, Economic Zone, High Technology Zone.

The duration of application resolution shall not exceed 30 working days for the Report (DPI) and 5 working days for the Registration of Commitment to protect the environment, from receipt of all applications.

Step 4: Review of fire prevention and control

Investors with projects and works in the list specified in Annex IV issued under Decree No. 79/2014/ND-CP of July 31, 2014 stipulated the implementation details of some articles of the Law on Fire Prevention and Fighting and the Law on the Revision and Supplement of some articles of the Law on Fire Prevention and Fighting.

Step 5: Appraisal of construction design and issuance of construction permit

Profile and form components:

• Components of documents, number of documents for appraisal of basic design of the project
• Document composition: comply with the provisions in Form No. 01, Appendix II of Decree No. 59/2015/ND-CP dated June 18, 2015 of the Government (abbreviated as Decree No. 59/2015/ND- CP).
• Number of documents: comply with the provisions in Clause 1, Article 6 of Circular No. 18/2016/TT-BXD dated June 30, 2016 of the Ministry of Construction (abbreviated as Circular No. 18/2016/TT-BXD ).
• Appraisal of construction drawing design
• Document composition: comply with the provisions in Form No. 06, Appendix II of Decree No. 59/2015/ND-CP.
• Number of documents: according to regulations in Clause 1, Article 6 of Circular No. 18/2016/TT-BXD.

Components of construction permit application dossier:

• Document components as prescribed in Article 10 and Article 15 of Circular No. 15/2016/TT-BXD of the Ministry of Construction)
• Application for construction permit according to the form in Appendix 1 of Circular No. 15/2016/TT-BXD of the Ministry of Construction
• Number of documents: 01 set of legal documents; 02 sets of copies

So above are the findings of LUAT VA KE TOAN VIET MY about the legal regulations surrounding the content of foreign investment projects inside and outside industrial parks. If readers have any questions, please contact via email or phone number of the private lawyer department for online answers. We will be happy to answer and assist you as soon as possible.

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