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Business opportunities / Invest in Thua Thien Hue province
Process issuing investement licences

The issuance of investment licences for foreign direct investment projects shall be implemented in accordance with one of two procedures:  Registration for issuance of investment licences and Evaluation for issuance of investment licences.

The Department of Planning and Investment shall provide guidelines on preparation of application files for projects with foreign invested capital.

I. Registration for issuance of investment licences

1. A registration file for an investment licence shall consist of:

- Application for registration of an investment licence;

- The joint venture contract and the charter of a joint venture enterprise, or the charter of an enterprise with 100% foreign owned capital, or the business co-operation contract;

- A document verify the legal status and the financial position of the parties.

2. A registration file for an investment licence shall be made in five sets, at least one of which shall be an original, and all shall be summitted to the investment licence issuing body.

3. Within 3-7 workings day from the date of receipt of proper documentation, the investment licence issuing body shall notify its decision of approval in the form of an investment licence.

II. Files for evaluation for issuance of investment licences:

1. A file for evaluation for issuance of an investment licence shall consist of:

- An application for an investment licence;

- The joint venture contract and the charter of a joint venture enterprise; or the charter of an enterprise with 100% foreign owned capital, or the business co-operation contract;

- Technical – economic explanatory statements;

- A document verifying the legal status and financial position of the joint venture parties, of the business co-operation parties or of the foreign investor;

- Documents relating to technology transfer (if any).

2. An application file shall be made into 12 sets with respect to Group A projects and 8 sets with respect to Group B projects, at least one of which shall be an original, and all sets shall be submitted to the licence investment issuing body.

 

III. Procedures for evaluation projects, for which the investment licences are issued by the provincial people’s committees:

1. The following aspects of investment projects shall be evaluated:

- The legal status and financial position of foreign and Vietnamese investors;

- The conformity of the projects with the planning;

- The socio-economic benefits (the possibility of creating new productivity, new sectors, new products, market expansion; the possibility of creating job opportunities; the economic benefits of the project and its contribution on the budget….).

- The applied technical and technological level, the effective use and protection of natural resources, the protection of the ecological environment;

- The appropriateness of the land use and the valuation of the assets contributed as capital by the Vietnamese party (if any).

2. Time-limits for evaluation and issuance of investment licences:

a. Within three (3) working days from the date of receipt of a proper file. Provincial people’s committees shall send the project file to ministries in charge of technical and economic sectors and to relevant ministries and branches for their opinions.

b. Within fifteen working days from the date of receipt of the proper file, relevant ministries and branches shall provide their written opinions to the provincial people’s management; upon the expiry of the above time-limit, if no written opinion has been provided, (the relevant body) shall be deemed to have accepted the project;

c. Within thirty (20) working days from the date of receipt of the proper file, the provincial people’s committee shall complete its evaluation of the project and issue the investment licence.

- The above time-limits shall not include the period of time during which an investor amend or add to the application fie for an investment licence.

- Any requirements by the provincial people’s committee that the investor amends or adds to the project file shall be made in writing within twenty (15) workings day from the date of receipt of the proper file.

- Upon the expiry of the time limit stipulated above, if no investment licence has been issued, the provincial people’s committee shall notify the investors in writing stating clearly the reasons therefore with copies distributed to the relevant bodies.

3. Within seven (7) working days from the date of issuance of an investment licence or an amended investment licence, the provincial people’s committee shall send the originals of the investment licence and the amended investment licence to the Ministry of Planning and Investment and copies to the Ministry of Finance, the Ministry of trade, ministries in charge of technical and economic sectors and to the relevant State administration bodies. 

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