Guidance on implementing some contents of the Investment Law 2020

Guidance on implementing some contents of the Investment Law 2020

The Ministry of Planning and Investment has Official Dispatch No. 8909/BKHDT-PC dated December 31, 12 and Official Dispatch No. 2020 dated January 324, 20 on implementing the Investment Law 01 (effective from January 2021 /2020).

Accordingly, temporary instructions on documents to carry out investment procedures are as follows:

From January 01, 01, documents for implementing investment policy approval procedures, granting and adjusting Investment Registration Certificate, Outward Investment Registration Certificate and other procedures to Carry out investment activities in accordance with the provisions of the Investment Law 2021; As follows:

1. Investment policy approval procedures

– Agency receiving dossiers requesting approval of investment policies:

+ The Ministry of Planning and Investment receives dossiers requesting investment policy approval for investment projects falling under the investment policy approval authority of the National Assembly and the Prime Minister as prescribed in Clause 1, Article 34. and Clause 1, Article 35 of the Investment Law 2020.

+ The investment registration agency receives dossiers requesting investment policy approval for investment projects falling under the investment policy approval authority of the Provincial People's Committee as prescribed in Clause 1, Article 36 of the Law. Invest 2020.

– Documents and appraisal content requesting approval of investment policy are specified in Article 33 of the Investment Law 2020.

– The order and procedures for approving investment policies for investment projects falling under the investment policy approval authority of the National Assembly, the Prime Minister and the Provincial People's Committee are specified in Articles 34, 35 and 36. Investment Law 2020.

2. Procedures for issuance and adjustment of Investment Registration Certificate

– The authority to issue Investment Registration Certificates is specified in Article 39 of the Investment Law 2020.

– Dossier requesting issuance of Investment Registration Certificate for projects not subject to investment policy approval includes documents specified in Clause 1, Article 33 of the Investment Law.

– Procedures for granting Investment Registration Certificates comply with the provisions of Article 38 of the Investment Law 2020.

– The investment registration agency and investors continue to carry out investment procedures on the National Information System on Investment (formerly the National Information System on Foreign Investment) that has been established and operated in the past.

3. Industry, occupation and market access conditions for foreign investors:

– Industry, occupation and market access conditions for foreign investors are specified in Article 9 of the Investment Law 2020.

– Market access conditions for foreign investors are considered according to the provisions of current legal documents (including laws and resolutions of the National Assembly, ordinances and resolutions of the National Assembly Standing Committee , Government decree) and international treaties to which the Socialist Republic of Vietnam is a member.

4. Resolve investment project documents received before the date of Investment Law 2020 enforceable effect

– Pursuant to the provisions of Clause 11, Article 77 of the Investment Law 2020, from January 01, 01, valid documents have been received according to the provisions of the Investment Law 2021, Decree No. 2014/118/ND -CP dated November 2015, 12 of the Government detailing and guiding the implementation of a number of articles of the Investment Law that have passed the resolution deadline but have not yet returned results according to the provisions of the 11 Investment Law and Decree Decree No. 2015/2014/ND-CP will continue to be resolved according to the provisions of the Investment Law 118. Valid documents are determined according to the provisions of Clause 2015, Article 2014 of Decree No. 11/2/ND-CP .

– For valid documents received according to the provisions of the Investment Law 2014, Decree No. 118/2015/ND-CP and with a deadline for resolving administrative procedures after January 01, 01, the Agency Investment registration guides investors to submit additional missing documents (if any) or adjust the contents of the submitted documents to comply with the provisions of the Investment Law 2021 to carry out procedures according to provisions of this Law.

5. Some sample documents for implementing investment procedures prepared according to instructions in Official Dispatch No. 324/BKHDT-PC dated January 20, 01 of the Ministry of Planning and Investment.

See detailed content in Official Dispatch No. 8909/BKHDT-PC dated December 31, 12 (See here) and Official Dispatch No. 324 dated January 20, 01 (See here) of the Ministry of Planning and Investment./.

Implemented by: Pham Thanh Binh