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THE MINISTRY OF PLANNING AND INVESTMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 701/QD-BKHDT
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Hanoi, June 02, 2021
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DECISION
ANNOUNCING NEW AND REPEALED ADMINISTRATIVE PROCEDURES IN
THE FIELD OF INVESTMENT UNDER MANAGEMENT OF THE MINISTRY OF PLANNING AND
INVESTMENT
THE MINISTER OF PLANNING AND INVESTMENT
Pursuant to the
Government’s Decree No. 86/2017/ND-CP dated July 25, 2017 defining the
functions, tasks, powers and organizational structure of the Ministry of
Planning and Investment;
Pursuant to the
Government’s Decree No. 61/2010/ND-CP dated June 08, 2010 on control of
administrative procedures;
Pursuant to the
Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 on amendments to some
Articles of the Decrees related to control of administrative procedures;
Pursuant to the
Government’s Decree No. 92/2017/ND-CP dated August 07, 2017 on amendments to
some Articles of the Decrees related to control of administrative procedures;
Pursuant to the
Circular No. 02/2017/TT-VPCP dated October 31, 2017 of the Office of the
Government providing guidance on control of administrative procedures;
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HEREBY DECIDES:
Article 1. Announcing
administrative procedures
1. Announced together
with this Decision are new and repealed administrative procedures in the field
of investment in Vietnam under management of the Ministry of Planning and
Investment (specified under Apppendices I and II promulgated together with this
Decision).
2. The administrative
procedures specified in clause 1 of this Article are posted on the web portal of
the Ministry of Planning and Investment in the “Thủ tục hành chính”
(“Administrative procedures”) column at
“http://www.mpi.gov.vn/Pages/tinbai.aspx?idTin=49814&idcm=257”.
Article 2. Effect
1. This Decision comes
into force from the date on which it is signed.
2. Lists and specific
contents of administrative procedures in the field of investment promulgated
together with the Decision No. 1038/QD-BKHDT dated July 28, 2017 of the
Minister of Planning and Investment standardizing administrative procedures
under the management of the Ministry of Planning and Investment shall cease to
have effect from the effective date of this Decision.
3. The Decision No.
814/QD-BKHDT dated May 25, 2020 of the Minister of Planning and Investment
announcing list of new administrative procedures in the field of investment
under the management of the Ministry of Planning and Investment shall cease to
have effect from the effective date of this Decision.
Article 3. Chief of the Ministry Office, Director General of
Department of Legal Affairs and relevant units are responsible for the
implementation of this Decision./.
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PP. THE MINISTER
THE DEPUTY MINISTER
Nguyen Thi Bich Ngoc
APPENDIX I
LISTS OF NEW AND REPEALED ADMINISTRATIVE PROCEDURES IN THE
FIELD OF INVESTMENT IN VIETNAM UNDER THE MANAGEMENT OF THE MINISTRY OF PLANNING
AND INVESTMENT
(Promulgated together with the Decision No. 701/QD-BKHDT dated June 02, 2021
of the Minister of Planning and Investment)
A. LIST OF NEW
ADMINISTRATIVE PROCEDURES
No.
NAME OF ADMINISTRATIVE PROCEDURE
LEGAL REFERENCE
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Notes
I. ADMINISTRATIVE
PROCEDURES OF CENTRAL AUTHORITIES
1
Procedures
for investment guideline approval by the Prime Minister
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- The Ministry of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- The Prime Minister
grants investment guideline approval.
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2
Procedures for
adjusting investment projects subject to approval for their investment
guidelines by the Prime Minister
- Law on Investment dated
June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- The Ministry of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- The Prime Minister grants
approval for adjustment of investment projects.
3
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- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- The Ministry of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- The Prime Minister grants
approval for adjustment of investment projects.
4
Procedures for
adjusting investment projects where investors receive investment projects
being collateral subject to approval for their
investment guidelines by the Prime Minister
- Law on Investment
dated June 17, 2020;
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- Circular No.
03/2021/TT-BKHDT
- The Ministry of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- The Prime Minister grants
approval for adjustment of investment projects.
5
Procedures for
adjusting investment projects in case of full division,
partial division or merger of investment projects subject to approval for
their investment guidelines by the Prime Minister
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
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- The Prime Minister
grants approval for adjustment of investment projects.
6
Procedures for
adjusting investment projects in case of full division,
partial division, consolidation, merger or conversion of type of business
organizations subject to approval for their investment guidelines by the
Prime Minister
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- The Ministry of Planning
and Investment receives applications, collects comments of agencies concerned
and carries out appraisal;
- The Prime Minister
grants approval for adjustment of investment projects.
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7
Procedures for
adjusting investment projects in case of exercise of rights
to use land and property on land which is part of investment projects for
contributing capital to enterprises with respect to investment projects
subject to approval for their investment guidelines by the Prime Minister
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- The Ministry of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- The Prime Minister
grants approval for adjustment of investment projects.
8
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- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- The Ministry of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- The Prime Minister
grants approval for adjustment of investment projects.
9
Procedures for
adjusting investment projects under judgments or decisions of
courts or arbitration bodies with respect to investment projects
subject to approval for their investment guidelines by the Prime Minister
- Law on Investment
dated June 17, 2020;
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- Circular No.
03/2021/TT-BKHDT
- The Ministry of
Planning and Investment receives applications;
- The Prime Minister
grants approval for adjustment of investment projects.
10
Procedures for extending duration of investment projects subject to
approval for their investment guidelines by the Prime Minister
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
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- The Prime Minister grants
approval for extension of duration of investment projects
II. ADMINISTRATIVE
PROCEDURES OF PROVINCIAL AUTHORITIES
1. Administrative
procedures under authority of Departments of Planning and Investment
1
Procedures for investor
approval by provincial People’s Committee
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
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- Provincial People's
Committee grants investor approval.
2
Procedures for
adjusting written approval for investor approval by provincial People’s
Committee
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- Provincial People's
Committee grants investor approval.
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3
Procedures for
investment guideline approval by provincial People’s Committee
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of Planning
and Investment receives applications, collects comments of agencies concerned
and carries out appraisal;
- Provincial People's
Committee grants investment guideline approval.
4
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- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal;
- Provincial People's
Committee grants approval for adjustment of investment guidelines.
5
Procedures for
adjusting investment projects issued with investment
registration certificates and not subject to approval for adjustment of their
investment guidelines by provincial People’s Committee
- Law on Investment
dated June 17, 2020;
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- Circular No.
03/2021/TT-BKHDT
Department of Planning
and Investment receives applications and adjusts investment registration
certificates
6
Procedures for
adjusting investment projects where investors transfer part or whole of
investment projects subject to approval for their investment guidelines by
provincial People’s Committee
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal
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- Department of
Planning and Investment adjusts investment registration certificates (if any)
7
Procedures for adjusting
investment projects where investors receive investment projects being
collateral with respect to projects subject to approval for their investment
guidelines by provincial People’s Committee
- Law on Investment
dated June 17, 2020;
- Decree No. 31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal
- Provincial People's
Committee grants approval for adjustment of investment guidelines (if any)
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8
Procedures for
adjusting investment projects in case of full division, partial division or merger
of investment projects subject to approval for their investment guidelines by
provincial People’s Committee
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal
- Provincial People's
Committee grants approval for adjustment of investment guidelines (if any)
- Department of
Planning and Investment adjusts investment registration certificates (if any)
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9
Procedures for
adjusting investment projects in case of full division, partial division,
consolidation, merger or conversion of type of business organizations with respect
to projects subject to approval for their investment guidelines by provincial
People’s Committee
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal
- Provincial People's
Committee grants approval for adjustment of investment guidelines (if any)
- Department of
Planning and Investment adjusts investment registration certificates (if any)
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Procedures for
adjusting investment projects in case of exercise of rights to use land and
property on land which is part of investment projects for contributing capital
to enterprises for projects subject to approval for their investment
guidelines by provincial People’s Committee
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal
- Provincial People's
Committee grants approval for adjustment of investment guidelines (if any)
- Department of
Planning and Investment adjusts investment registration certificates (if any)
11
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- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of Planning
and Investment receives applications, collects comments of agencies concerned
and carries out appraisal
- Provincial People's
Committee grants approval for adjustment of investment guidelines (if any)
- Department of
Planning and Investment adjusts investment registration certificates (if any)
12
Procedures for
adjusting investment projects under judgments or decisions of courts or
arbitration bodies with respect to investment projects whose investment guidelines
have been approved by provincial People’s Committee (clause 3 Article 54 of
the Decree No. 31/2021/ND-CP)
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- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of Planning
and Investment receives applications
- Provincial People's
Committee grants approval for adjustment of investment guidelines (if any)
- Department of
Planning and Investment adjusts investment registration certificates (if any)
13
Procedures for
adjusting investment projects under judgments or decisions of courts or
arbitration bodies with respect to investment projects that have been issued
with the investment registration certificate and not subject to approval for
their investment guidelines by provincial People’s Committee or projects
whose investment guidelines have been approved in cases other than those
specified in clause 3 Article 41 of the Law on Investment (clause 4 Article
54 of the Decree No. 31/2021/ND-CP)
- Law on Investment
dated June 17, 2020;
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- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications and adjusts investment
registration certificates
14
Procedures for extending
duration of investment projects of which investment guidelines are subject to
approval of provincial People’s Committee or investment registration
certificate is issued by provincial Department of Planning and Investment
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications, collects comments of agencies
concerned and carries out appraisal
...
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- Department of
Planning and Investment decides to extend duration of investment
projects (with respect to investment projects that have been issued with the
investment registration certificate and not subject to approval for their
investment guidelines)
15
Procedures for
suspending investment projects of which investment guidelines are subject to approval
of provincial People’s Committee or investment registration certificate is
issued by provincial Department of Planning and Investment
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Department of
Planning and Investment receives applications and notifies the suspension of
investment projects to agencies concerned
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Procedures for
terminating investment projects of which investment guidelines are subject to
approval of provincial People’s Committee or investment registration
certificate is issued by provincial Department of Planning and Investment
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Department of Planning
and Investment receives applications, notifies the termination of investment
projects to agencies concerned and revokes the investment registration
certificate (if any)
17
Procedures for issuing
investment registration certificates with respect to projects not subject to
approval for their investment guidelines
- Law on Investment
dated June 17, 2020;
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- Circular No.
03/2021/TT-BKHDT
Department of Planning,
Investment receives applications and issues investment registration
certificates
18
Procedures for
re-issuing and correcting information on investment registration certificates
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Department of Planning
and Investment re-issues and corrects information on investment registration
certificates
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19
Procedures for
replacing investment registration certificates
- Law on Investment dated
June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Department of Planning
and Investment receives applications and replaces investment registration
certificates
20
Procedures
for conducting investment activities by contributing capital, purchasing
shares or purchasing stakes applicable to foreign investors
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- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Department of Planning
and Investment receives applications and notifies satisfaction of the conditions for contributing capital,
purchasing shares or purchasing stakes applicable to foreign investors
21
Procedures for establishing
operating offices of foreign investors to business cooperation contracts
- Law on Investment
dated June 17, 2020;
- Circular No.
03/2021/TT-BKHDT
Department of Planning
and Investment issues certificates of registration of operating offices to
foreign investors to business cooperation contract
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22
Procedures for shutdown
of operating offices of foreign investors to business cooperation contracts
- Law on Investment
dated June 17, 2020;
- Circular No.
03/2021/TT-BKHDT
Department of Planning
and Investment revokes certificates of registration of operating offices.
2. Administrative
procedures under authority of Management Boards of industrial parks,
export-processing zones, hi-tech zones or economic zones (Management Boards)
1
Procedures
for investment guideline approval by provincial People’s Committee with respect to projects on investment in golf course
construction and business;
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- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
- Provincial People’s
Committee decides to approve investment guidelines
2
Procedures for
investment guideline approval by Management Board (clause 7 Article 33 of the
Decree No. 31/2021/ND-CP)
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
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Management Board receives
applications, collects appraisal comments and approves investment guidelines
3
Procedures for investor
approval with respect to investment projects executed in economic zones under
regulations enshrined in clause 4 Article 30 of the Decree No. 31/2021/ND-CP
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects appraisal comments and grants investor
approval
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Procedures for issuing
investment registration certificates with respect to projects not subject to
approval for their investment guidelines
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Management Board
receives applications and issues investment registration certificates
5
Procedures for
adjusting investment projects subject to approval for their investment guidelines
by provincial People’s Committee
- Law on Investment
dated June 17, 2020;
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- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
- Provincial People’s
Committee decides to approve adjustment of investment guidelines
6
Procedures for
adjusting investment projects subject to approval for their investment
guidelines by Management Board
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
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7
Procedures for adjusting
investment projects issued with investment registration certificates and not
subject to approval for adjustment of their investment guidelines with
respect to investment projects subject to approval for their investment
guidelines by provincial People’s Committee or Management Board
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Management Board
receives applications and adjusts the investment registration certificate
8
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- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
- Provincial People’s
Committee decides to approve adjustment of investment guidelines (with
respect to projects subject to approval for their investment guidelines by
provincial People’s Committee)
- Management Board
decides to approve adjustment of investment guidelines (with respect to
projects subject to approval for their investment guidelines by Management
Board)
9
Procedures for
adjusting investment projects where investors receive investment projects
being collateral with respect to investment projects subject to approval for their
investment guidelines by provincial People’s Committee or Management Board
...
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- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
- Provincial People’s
Committee decides to approve adjustment of investment guidelines (with
respect to projects subject to approval for their investment guidelines by
provincial People’s Committee)
- Management Board
decides to approve adjustment of investment guidelines (with respect to
projects subject to approval for their investment guidelines by Management
Board)
10
Procedures for
adjusting investment projects in case of full division, partial division or merger
of investment projects subject to approval for their investment guidelines by
provincial People’s Committee or Management Board
- Law on Investment
dated June 17, 2020;
...
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- Circular No.
03/2021/TT-BKHDT
- Management Board receives
applications, collects comments and carries out appraisal
- Management Board
approves adjustment of investment guidelines (with respect to projects
subject to approval for their investment guidelines by Management Board)
- Provincial People’s
Committee decides to approve adjustment of investment guidelines (with
respect to projects subject to approval for their investment guidelines by
provincial People’s Committee)
11
Procedures for adjusting
investment projects in case of full division, partial division,
consolidation, merger or conversion of type of business organizations with
respect to investment guidelines subject to approval for their investment
guidelines by provincial People’s Committee or Management Board
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
...
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- Management Board
receives applications, collects comments and carries out appraisal
- Management Board
approves adjustment of investment guidelines (with respect to projects
subject to approval for their investment guidelines by Management Board)
- Provincial People’s
Committee decides to approve adjustment of investment guidelines (with
respect to projects subject to approval for their investment guidelines by
provincial People’s Committee)
12
Procedures for
adjusting investment projects in case of exercise of rights to use land and
property on land which is part of investment projects for contributing
capital to enterprises for investment projects subject to approval for their
investment guidelines by provincial People’s Committee or Management Board
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
...
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- Management Board
approves adjustment of investment guidelines (with respect to projects
subject to approval for their investment guidelines by Management Board)
- Provincial People’s
Committee decides to approve adjustment of investment guidelines (with
respect to projects subject to approval for their investment guidelines by
provincial People’s Committee)
13
Procedures for
adjusting investment projects in case of exercise of rights to use land and
property on land which is part of investment projects for business
cooperation for investment projects subject to approval for their investment
guidelines by provincial People’s Committee or Management Board
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
...
...
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- Provincial People’s
Committee decides to approve adjustment of investment guidelines (with
respect to projects subject to approval for their investment guidelines by
provincial People’s Committee)
14
Procedures for
adjusting investment projects under judgments or decisions of courts or
arbitration bodies with respect to investment projects whose investment
guidelines have been approved (clause 3 Article 54 of the Decree No.
31/2021/ND-CP)
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
- Management Board
approves adjustment of investment guidelines (with respect to projects
subject to approval for their investment guidelines by Management Board)
...
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15
Procedures for adjusting
investment projects under judgments or decisions of courts or arbitration
bodies with respect to investment projects that have been issued with the
investment registration certificate and not subject to approval for their
investment guidelines by provincial People’s Committee or projects whose
investment guidelines have been approved in cases other than those specified
in clause 3 Article 41 of the Law on Investment (clause 4 Article 54 of the
Decree No. 31/2021/ND-CP)
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
- Management Board
approves adjustment of investment guidelines (with respect to projects subject
to approval for their investment guidelines by Management Board)
- Provincial People’s
Committee decides to approve adjustment of investment guidelines (with
respect to projects subject to approval for their investment guidelines by
provincial People’s Committee)
...
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16
Procedures for
extending duration of investment projects subject to approval for their
investment guidelines by provincial People’s Committee or Management Board
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
- Management Board
receives applications, collects comments and carries out appraisal
- Management Board
approves the extension of duration of investment projects (for projects
subject to approval for their investment guidelines by Management Board)
- Provincial People's
Committee approves the extension of duration of investment projects (for
projects subject to approval for their investment guidelines by Provincial
People's Committee)
...
...
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Procedures for suspending
investment projects subject to approval for their investment guidelines by
provincial People’s Committee or Management Board
- Law on Investment
dated June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Management Board receives
applications and notifies the suspension of investment projects to agencies
concerned
18
Procedures for
terminating investment projects
- Law on Investment
dated June 17, 2020;
...
...
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- Circular No.
03/2021/TT-BKHDT
Management Board
receives investors’ notifications and revokes the investment registration
certificate (if any)
19
Procedures for
re-issuing and correcting information on investment registration certificates
- Law on Investment dated
June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Management Board
re-issues or corrects investment registration certificates
...
...
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20
Procedures for
replacing investment registration certificates
- Law on Investment dated
June 17, 2020;
- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Management Board
receives applications and replaces investment registration certificates
21
Procedures for conducting
investment activities by contributing capital, purchasing shares or
purchasing stakes applicable to foreign investors
...
...
...
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- Decree No.
31/2021/ND-CP
- Circular No.
03/2021/TT-BKHDT
Management Board
receives applications and notifies satisfaction of the conditions for
contributing capital or purchasing shares
22
Procedures for
establishing operating offices of foreign investors to business cooperation
contracts
- Law on Investment dated
June 17, 2020;
- Circular No.
03/2021/TT-BKHDT
Management Board issues
the Certificates of registration of operating offices to foreign investor to
business cooperation contracts.
...
...
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23
Procedures for shutdown
of operating offices of foreign investors to business cooperation contracts
- Law on Investment
dated June 17, 2020;
- Circular No.
03/2021/TT-BKHDT
Management Board
revokes certificates of registration of operating offices.
B. LIST OF REPEALED
ADMINISTRATIVE PROCEDURES
No.
NAME OF ADMINISTRATIVE PROCEDURE
...
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RESPONSIBLE AGENCY
ADMINISTRATIVE PROCEDURE CODE
I. List of repealed administrative
procedures announced under Decision No. 1038/QD-BKHDT dated July 28, 2017 of
the Ministry of Planning and Investment
Section 1.
Administrative procedures under authority of Departments of Planning and
Investment
1
Investment guideline
decision by provincial People’s Committee (with respect to projects that
are not required to have investment registration certificates)
- Law on Investment;
- Government’s Decree No.
118/2015/ND-CP dated November 12, 2015 providing guidelines for some Articles
of the Law on Investment (Decree No. 118/2015/ND-CP);
- Circular No.
16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and
Investment providing for forms for investment procedures and reports on
investment activities in Vietnam (Circular No. 16/2015/TT-BKHDT).
...
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Department of Planning
and Investment
2.001918
2
Investment guideline
decision by the Prime Minister (with respect to projects that are not
required to have investment registration certificates)
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
The Prime Minister
decides investment guidelines.
Department of Planning
and Investment
...
...
...
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3
Investment guideline
decision by the National Assembly (with respect to projects that are not
required to have investment registration certificates)
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
The National Assembly
decides investment guidelines.
Department of Planning
and Investment
2.001910
4
...
...
...
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- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
The Prime Minister or
provincial People’s Committee decides to adjust investment guidelines.
Department of Planning
and Investment
2.001869
5
Issuance of investment
registration certificates to projects that are not required to have
decisions on investment guidelines
- Law on Investment;
...
...
...
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- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
1.004635
6
Issuance of investment
registration certificates to projects that are required to have
decisions on investment guidelines
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
The National Assembly,
Prime Minister or provincial People's Committee decides investment guidelines
...
...
...
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2.001853
7
Adjustment of names of
investment projects, names and addresses of investors on investment
registration certificates
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
2.001831
8
...
...
...
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- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
2.001696
9
Adjustment of
investment registration certificates with respect to investment
projects for which decisions on investment guidelines are adjusted by
provincial People’s Committee
- Law on Investment;
- Decree No.
118/2015/ND-CP;
...
...
...
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Provincial People’s
Committee decides to adjust investment guidelines
Department of Planning
and Investment
1.003940
10
Adjustment of investment
registration certificates with respect to investment projects for which
decisions on investment guidelines are adjusted by the Prime Minister
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
The Prime Minister
decides to adjust investment guidelines
...
...
...
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1.003912
11
Transfer of investment
projects
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
1.003811
12
...
...
...
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- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
2.001581
13
Adjustment of
investment projects under judgements and decisions of courts or arbitration
bodies
- Law on Investment;
- Decree No.
118/2015/ND-CP;
...
...
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Department of Planning
and Investment
1.005361
14
Re-issuance of
investment registration certificates
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
1.003549
15
...
...
...
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- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
2.001361
16
Return of investment
registration certificates
Decree No.
118/2015/ND-CP.
Department of Planning
and Investment
2.001351
...
...
...
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Extension
of investment schedule
- Law on Investment;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
2.001318
18
Suspension of
investment projects
- Law on Investment;
- Circular No.
16/2015/TT-BKHDT.
...
...
...
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1.003096
19
Termination of
investment projects
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
2.001083
20
...
...
...
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- Law on Investment;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
2.001056
21
Shutdown of operating
offices of foreign investors to business cooperation contracts
- Law on Investment;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
...
...
...
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22
Replacement of investment
registration certificates for projects operating under investment licenses,
investment certificates or other equivalent documents
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning and
Investment
1.004569
23
Provision of
information about investment projects
...
...
...
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Department of Planning
and Investment
2.001031
24
Investment guarantee where
investors are no longer eligible for investment incentives
- Law on Investment;
- Decree No.
118/2015/ND-CP;
Department of Planning
and Investment
1.002401
25
...
...
...
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- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Department of Planning
and Investment
Provincial business
registration authority
2.001018
Section 2.
Administrative procedures under authority of Management Boards of industrial
parks, export-processing zones, hi-tech zones or economic zones (Management
Boards)
1
Investment guideline
decision by provincial People’s Committee (with respect to projects that
are not required to have Investment Registration Certificate)
...
...
...
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- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Provincial People's
Committee decides investment guidelines.
Management Board
1.002365
2
Investment guideline
decision by the Prime Minister (with respect to projects that are not
required to have investment registration certificates)
- Law on Investment;
- Decree No.
118/2015/ND-CP;
...
...
...
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The Prime Minister
decides investment guidelines.
Management Board
2.001911
3
Investment guideline
decision by the National Assembly (with respect to projects that are not
required to have investment registration certificates)
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
The National Assembly
decides investment guidelines.
...
...
...
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1.005382
4
Adjustment of decisions
on investment guidelines by the Prime Minister or provincial People’s Committee
(with respect to investment projects that are not required to have investment
registration certificates)
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
The Prime Minister or
provincial People’s Committee decides to adjust investment guidelines.
Management Board
1.004668
...
...
...
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Issuance of investment
registration certificates to projects that are not required to have
decisions on investment guidelines
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Management Board
1.005383
6
Issuance of investment
registration certificates to projects that are required to have
decisions on investment guidelines
- Law on Investment;
...
...
...
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- Circular No.
16/2015/TT-BKHDT.
The National Assembly,
Prime Minister or provincial People's Committee decides investment guidelines
Management Board
2.001906
7
Adjustment of names of investment
projects, names and addresses of investors on investment registration
certificates
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
...
...
...
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2.001698
8
Adjustment of contents of
investment projects on investment registration certificates (in case where
decisions on investment guidelines are not adjusted)
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Management Board
2.001693
9
...
...
...
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- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Provincial People’s
Committee decides to adjust investment guidelines
Management Board
1.003928
10
Adjustment of
investment registration certificates with respect to investment
projects for which decisions on investment guidelines are adjusted by
the Prime Minister
- Law on Investment;
...
...
...
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- Circular No.
16/2015/TT-BKHDT.
The Prime Minister
decides to adjust investment guidelines
Management Board
2.001637
11
Transfer of investment
projects
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
...
...
...
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2.001602
12
Adjustment of
investment projects in case of full division, partial division,
consolidation, merger or conversion of type of business organizations
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Management Board
2.001572
13
...
...
...
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- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Management Board
2.001511
14
Re-issuance of investment
registration certificates
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
...
...
...
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1.003343
15
Correction of
information on investment registration certificates
- Decree No.
118/2015/ND-CP;
- Circular No. 16/2015/TT-BKHDT.
Management Board
1.003285
16
Return of investment
registration certificates
...
...
...
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Management Board
1.003255
17
Extension of investment
schedule
- Law on Investment;
- Circular No. 16/2015/TT-BKHDT.
Management Board
1.003152
18
...
...
...
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- Law on Investment;
- Circular No.
16/2015/TT-BKHDT.
Management Board
1.003071
19
Termination of
investment projects
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT
...
...
...
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2.001067
20
Establishment of
operating offices of foreign investors to business cooperation contracts
- Law on Investment;
- Circular No.
16/2015/TT-BKHDT.
Management Board;
Business Registration
Office
2.001051
21
...
...
...
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- Law on Investment;
- Circular No.
16/2015/TT-BKHDT.
Management Board
2.001042
22
Replacement of
investment registration certificates for projects operating under investment
licenses, investment certificates or other equivalent documents
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
...
...
...
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1.002430
23
Provision of
information about investment projects
Decree No.
118/2015/ND-CP;
Management Board
2.001028
24
Investment guarantee
where investors are no longer eligible for investment incentives
- Law on Investment;
...
...
...
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Management Board
1.002387
25
Investment guideline
decision by Management Board
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Management Board
2.001013
...
...
...
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Adjustment of decisions
on investment guidelines by Management Board
- Law on Investment;
- Decree No.
118/2015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Management Board
2.000844
Section 3.
Administrative procedures under authority of other agencies.
1
Application of
investment incentives
...
...
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- Decree No.
118/2015/ND-CP;
- Law on high
technology and law on science and technology;
- Laws on tax, customs
and land.
Tax authorities, finance
authorities, customs authorities, competent authorities having the power to
apply land-related incentives and other incentives as prescribed by law at
provincial level.
1.001904
2
Provision of
information about investment projects
Decree No.
118/2015/ND-CP;
Planning authorities,
natural resources and environment authorities and other regulatory bodies
...
...
...
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3
Replacement of
enterprise registration certificates for enterprises operating under
investment licenses, investment certificates (also business registration
certificates) or other equivalent documents
- Law on Investment;
- Decree No.
118/2015/ND-CP.
Business Registration
Office - Department of Planning and Investment
1.001861
4
Change of business registration
information on investment licenses, investment certificates (also business
registration certificates)
Decree No.
118/2015/ND-CP.
...
...
...
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2.000824
5
Establishment of business
organizations by foreign investors
- Law on Investment;
- Decree No.
118/20015/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
Business Registration
Office - Department of Planning and Investment and other agencies having the
power to apply for establishment of business organizations
1.001791
II. List of repealed
administrative procedures announced under Decision No. 814/QD-BKHDT dated May
25, 2020 of the Ministry of Planning and Investment
...
...
...
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Procedures for deciding
investment guidelines of golf course projects under authority of the Prime
Minister (with respect to projects that are required to have investment
registration certificates)
- Law on Investment No.
67/2014/QH13 dated November 26, 2014;
- Government’s Decree
No. 118/2015/ND-CP dated November 12, 2015 providing guidelines for some
Articles of the Law on Investment;
- Government’s Decree
No. 52/2020/ND-CP dated April 27, 2020 on golf course investment and business
- Circular No.
16/2015/TT-BKHDT dated November 18, 2015 of the Ministry of Planning and
Investment providing for forms for investment procedures and reports on
investment activities in Vietnam
- Investment
registration authority receives applications and collects appraisal comments
of ministries, central authorities and other related agencies;
- The Ministry of
Planning and Investment carries out appraisal;
- The Office of the
Government carries out verification;
- The Prime Minister
decides investment guidelines.
...
...
...
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2
Procedures for deciding
investment guidelines of golf course projects under authority of the Prime
Minister (with respect to projects that are not required to have investment
registration certificates)
- Law on Investment No.
67/2014/QH13 dated November 26, 2014;
- Decree No.
118/2015/ND-CP;
- Decree No.
52/2020/ND-CP;
- Circular No.
16/2015/TT-BKHDT.
- Investment
registration authority receives applications and collects appraisal comments of
ministries, central authorities and other related agencies; issues investment
registration certificates (if any);
- The Ministry of
Planning and Investment carries out appraisal;
- The Office of the
Government carries out verification;
...
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1.008384