Ministry of foreign affairs of VietNam

INVESTMENT PROCEDURES 

PROJECTS FOR WHICH THE PRIME MINISTER SHALL APPROVE INVESTMENT POLICY

1. Investment projects in the following sectors, irrespective of the source of invested capital and scale of investment:

(a)   Construction and commercial operation of airports; air transportation;

(b)  Construction and commercial operation of national sea ports;

(c)   Exploration, mining and processing of petroleum; exploration and mining of minerals;

(d)  Radio and television broadcasting;

(e)  Commercial operation of casinos;

(f)    Production of cigarettes;

(g)  Establishment of university training establishments;

(h)  Establishment of industrial zones, export processing zones, high-tech zones and economic zones.

2. Investment projects not covered above, irrespective of the source of capital, with an invested capital of 1,500 billion VND or more in the following sectors:

(a)   Business in electricity; processing of minerals; metallurgy;

(b)  Construction of railway, road and internal waterway infrastructure;

(c)   Production and business of alcohol, beer.

3. Projects with foreign invested capital in the following sectors:

(a)   Commercial operation of sea transportation;

(b)  Construction of networks for and supply of postal and delivery, telecommunications and internet services; construction of wave transmission networks;

(c)   Printing and distributing newspapers and printed matter; publishing;

(d)  Establishment of independent scientific research establishments.

4. In cases where investment projects are included in the master plan approved by the Prime Minister of the Government or by an entity authorized by him and satisfy conditions in accordance with law and international treaties of which Vietnam is a member, the Investment Certificate-issuing body shall issue the Investment Certificate without making a submission to the Prime Minister of the Government for a decision on the investment policy.

5. In cases where investment projects  are not included in the master plan approved by the Prime Minister of the Government or by an entity authorized by him or projects not satisfying conditions for opening the market in international treaties of which Vietnam is a member, the Investment Certificate-issuing body shall preside over co-ordination in obtaining opinions from the ministry managing the technical – economic branch, the Ministry of Planning and Investment and other relevant bodies and shall collate the opinions and make a submission to the Prime Minister of the Government to make a decision on the investment policy.

6. In cases where investment projects are in a sector for which there is as yet no master plan, the Investment Certificate-issuing body shall obtain opinions from the ministry managing the technical – economic branch, the Ministry of Planning and Investment and other relevant bodies and shall collate the opinions and make a submission to the Prime Minister of the Government to make a decision on the investment policy.

PROJECTS FOR WHICH PROVINCIAL PEOPLE’S COMMITEES SHALL ISSUE INVESTMENT CERTIFICATES

1. Provincial people's committees shall carry out investment registration and issuance of Investment Certificates for the following projects:

-          Investment projects outside industrial zones, export processing zones, high-tech zones and economic zones including investment projects for which the Prime Minister of the Government has approved the investment policy.

-          Investment projects for the development of infrastructure in industrial zones, export processing zones and high-tech zones in localities which have not yet established a management committee of such industrial zone, export processing zone or high-tech zone.

2. The Department of Planning and Investment shall receive files of the investment projects to be implemented within its locality.

3. With respect to investment projects to be implemented within an area of more than one city and province under central authority, the file shall be lodged with the Department of Planning and Investment in the place where the investor has established or proposes to establish its head office, branch or operating office in order to implement such project.

PROJECTS FOR WHICH MANAGEMENT COMMITTEES OF INDUSTRIAL ZONES, EXPORT PROCESSING ZONES, HIGH-TECH ZONES AND ECONOMIC ZONES SHALL ISSUE INVESTMENT CERTIFICATES

1. Management committees of industrial zones, export processing zones, high-tech zones and economic zones shall carry out investment registration and issuance of Investment Certificates for investment projects in industrial zones, export processing zones, high-tech zones and economic zones including investment projects for which the Prime Minister of the Government has approved the investment policy.

2. A management committee shall receive files of the investment projects to be implemented within its locality.