An investment project is a collection of proposals for medium-term or long-term capital investment to conduct business activities in a specific area within a defined period. Registering an investment project in an industrial zone can be simply understood as carrying out the procedure to obtain an investment registration certificate.
NPLaw Law Firm, with many years of experience in the legal field, particularly in giving consultation on investment procedures for projects in industrial zones. Just contact us, and we will provide the most professional and reasonable legal services.
I. Regulations on investment procedures for projects in industrial zones
1. The activities that investors are allowed to perform for projects in industrial zones
Pursuant to Article 62 of Decree 31/2021/ND-CP, which provides detailed guidance for the Law on Investment, investors are required to carry out the following activities:
- Rent or purchase pre-built factories, offices, and warehouses to serve production and business activities.
- Paid use of engineering infrastructure structures, service structures, including transportation systems, electricity supply, water supply, drainage, communication, waste and wastewater treatment, and other service structures and public utilities (collectively referred to as infrastructure usage fees).
- Transfer and receive the transfer of land use rights, lease land, and re-lease land that has been built with engineering infrastructure to build factories, offices, and other facilities serving production and business in accordance with the provision of the law on land and the law on real estate business.
- On a lease, subleased factories, offices, warehouses, and other structures to serve production and business in accordance with the provision of the law on land and the law on real estate business.
- Other activities in accordance with the Law on Investment, this Decree, Government regulations on industrial zones, export processing zones, high-tech zones, economic zones, and related laws.
2. Cases subject to investment policy
Pursuant to Clause 3, Article 37 of the Law on Investment 2020:
For investment projects specified in Articles 30, 31, and 32 of this Law, domestic investors and economic organizations specified in Clause 2, Article 23 of this Law shall carry out the investment project after the investment policy decision is made.
Pursuant to Clause 1 Article 38 of the Law on Investment 2020, candidates subject to the investment policy decision need to apply for the investment policy decision mentioned above, and the Industrial Park Management Board will issue the investment registration certificate within 5 working days from the date of receiving the investment policy decision document.
3. Cases not subject to investment policy
Pursuant to Clause 2, Article 38 of the Law on Investment 2020, if the investor is not subject to the investment policy decision category, the investor will be issued an Investment Registration Certificate when the following conditions are met:
- The investment project does not fall under the activities that prohibit business investment;
- There is a location for the investment project;
- The investment project is in accordance with the planning pursuant to Point a, Clause 3, Article 33 of this Law;
- Meeting the conditions regarding the investment per unit area of land, the number of employees used (if any);
- Meeting terms of market access for foreign investors;
Thus, depending on each case, projects may or may not fall under the investment policy decision category, leading to different resolutions.
II. Conditions on investment procedures for projects in industrial zones
Pursuant to Article 34 of Decree 35/2022/ND-CP regulating the management of industrial zones and economic zones, the conditions on procedures for investing in projects within industrial zones are as follows:
Meeting the conditions for investing in industrial zone infrastructure, conditions for investors carrying out the investment project for constructing and operating industrial zone infrastructure.
- Meeting the conditions for reviewing and approving the investment policy for the construction and business of industrial zone infrastructure projects pursuant to Article 9 on the conditions for investing in industrial zone infrastructure and Article 10 on the conditions for investors carrying out the construction and business of industrial zone infrastructure projects of this Decree.
The area expected for investment in the urban-service complex meets the following conditions:
- In accordance with the provincial planning, urban planning in the province, cities under direct central rule;
- The scale of the area should match the demand for service provision and public utilities of the industrial zone and should not exceed one-third (1/3) of the area scale of the industrial zone.
Environmental issues
- Investment projects expected to attract investment into industrial zones not classified as Level I and Level II in the list of production, business, and service types with a risk of causing environmental pollution according to environmental protection laws.
III. Investment procedures for projects in industrial zones
1. Dossier for carrying out investment procedures in industrial zones
Pursuant to Clause 1, Article 31 of Decree 31/2021/ND-CP and Clause 1, Article 33 of the Law on Investment 2020, when carrying out investment procedures for investment projects in industrial zones, investors must prepare the following specific documents:
- Documents proposing the investment project, including a commitment to bear all costs and risks if the project is not approved;
- Documents regarding the legal status of the investor
- Documents proving the financial capacity of the investor include at least one of the following: the investor's financial statements for the last two years; a financial support commitment from the parent company; a financial support commitment from a financial institution; a guarantee of the investor's financial capacity; other documents proving the investor's financial capacity;
- The investment project proposal includes the following main contents: the investor or the method of selecting the investor, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, implementation schedule, information on the current land use status at the project site and proposed land use needs (if any), labor demand, proposed investment incentives, impacts, socio-economic efficiency of the project, preliminary environmental impact assessment (if any) according to the regulations of environmental protection law.
- In cases where the law on construction requires the preparation of a pre-feasibility study report, investors may submit the pre-feasibility study report instead of an investment project proposal.
- In the case where the investment project does not request the State to allocate land, lease land, or permit the change of land use purpose, a copy of the land use rights documents or other documents confirming the right to use the location to carrying out the investment project must be submitted;
- The explanation of the technology used in the investment project for projects subject to appraisal and consultation on technology as per the regulations of the law on transferring technology;
- BCC contract for the investment project under the BCC contract form;
- Other documents related to the investment project, requirements regarding the conditions and capabilities of the investor as per legal regulations (if any).
2. The sequence of carrying out investment procedures for projects in industrial zones
Pursuant to Article 35 of Decree 31/2021/ND-CP detailing and guiding the implementation of certain provisions of the Law on Investment, the sequence for investors to carry out investment procedures for projects in industrial zones includes the following steps:
Step 1: The investor searches for a suitable industrial park and negotiates with the infrastructure company regarding location, area, utility services, price, fees, and payment methods.
Step 2: Submit the application to the competent authority
Based on the Decision approving the investment policy, the Decision approving the adjustment of the investment policy, the investment registration authority issues the Investment Registration Certificate within 05 working days from the date of receiving the Decision approving the investment policy, the Decision approving the adjustment of the investment policy;
For investment projects that require the approval of investment policies from two or more provincial People's Committees, based on the proposal of the Ministry of Planning and Investment, the Prime Minister assigns the Department of Planning and Investment of a province or centrally run city where the investor carrying out the investment project sets up or plans to set up an operating office to carry out the investment project to issue the Investment Registration Certificate.
For investment projects that have been approved for investment policy and where the investor has won the auction or bid; investment projects subject to investor approval pursuant to Clause 3, Article 29 of the Law on Investment and subject to the issuance of an Investment Registration Certificate, the investor must submit a request for the issuance of the Investment Registration Certificate to the investment registration authority to obtain the Investment Registration Certificate within 05 working days from the date the investment registration authority receives the request.
For investment projects where the Economic Zone Management Board approves the investor, the Board will approve the investor simultaneously with the issuance of the Investment Registration Certificate.
For projects not subject to the issuance of an Investment Registration Certificate, if there is a need to obtain an Investment Registration Certificate, the investor must submit a request for the issuance of the Investment Registration Certificate, a valid copy of the Decision approving the investment policy, and a valid copy of the Decision approving the investor (if any) to the investment registration authority to receive the Investment Registration Certificate within 05 working days from the date of receipt of the request.
Step 3: Announcing the result.
IV. Are the investment procedures for projects in industrial zones difficult?
In essence, carrying out the investment procedures for a project in an industrial zone is not too difficult. However, individuals and organizations must grasp the processes as well as the legal regulations to implement them correctly and accurately. Not every individual or organization is well-versed in the law. Therefore, to achieve the best results, readers who wish to invest in projects in industrial zones should seek legal services to ensure their rights and the legality of their investments.
The NPLaw law firm, with many years of experience and a team of excellent lawyers and specialists, is the best and most reputable choice for clients using legal services here.
V. Services for carrying out investment procedures for projects in industrial zones
When customers need to find and use a legal service to carry out investment procedures in an industrial zone, please contact us. NPLaw always provides the best legal services.
The process is as follows:
Step 1: Contact NPLaw
To use the service, customers can contact the following: legal@nplaw.vn or directly reach out at: 0913 449968
Step 2: Receive information and requests from customers
Our clients present their needs that need to be addressed when they come to our law firm, NPLaw.
Step 3: Prepare the documents
On behalf of the esteemed customers, prepare valid documents in accordance with legal regulations.
Step 4: Submit the application
Submit the application to the competent authority to carry out the investment procedure for the project in the industrial zone.
Step 5: Deliver the results to the customer
When using NPLaw's services with a team of excellent lawyers and specialists, the work will be resolved quickly and completed in accordance with the law.
