Adjusting investment projects falls under the policy approval authority of the Provincial People’s Committee

Article overview

Adjusting investment projects is the process of changing content related to the objectives, scale, location, investment capital or implementation time of a project after it has been approved. The article below contains information about projects under the approval authority of the Provincial People’s Committee, the adjustment process and important notes when implementing. Please refer to the article below!

Investment projects fall under the policy approval authority of the Provincial People's Committee
Investment projects fall under the policy approval authority of the Provincial People’s Committee

Which projects are under the policy approval authority of the Provincial People’s Committee?

Pursuant to Clause 1, Article 32 of the Law on  Investment 2020, projects under the approval authority of the Provincial People’s Committee are large-scale projects or have a significant impact on the local economy and society. Specifically, including:

  • Investment projects that request the State to allocate or lease land without auction, bidding or transfer, investment projects that request permission to change land use purposes, except for cases not subject to There must be written consent;
  • Golf course construction and business investment projects;
  • Investment projects of foreign investors and foreign-invested economic organizations implemented in islands and border communes, wards and towns; coastal communes, wards and towns; other areas affecting national defense and security;
  • Housing construction investment projects (for sale, lease, lease purchase), urban areas with a land use scale of less than 300 hectares and population size of less than 50,000 people;
  • Investment projects on cultural heritage, investment projects regardless of land area size or population in areas with limited development or historical inner cities of special-class urban areas.
Documents of adjusting investment projects
Documents of adjusting investment projects

Procedures for adjusting investment projects fall under the policy approval authority of the Provincial People’s Committee

Profile components

Pursuant to Clause 1, Article 45 of Decree 31/2021/ND-CP, investment project adjustment documents under the policy approval authority of the Provincial People’s Committee include:

  1. A document requesting adjustment of the investment project;
  2. Report on the implementation of investment projects up to the time of adjustment;
  3. Investor’s decision on adjusting investment projects for institutional investors;
  4. Explain or provide documents related to adjusting the following contents (if any):
  • Documents on the investor’s legal status;
  • Documents proving the investor’s financial capacity;
  • Investment project proposal includes main contents such as: investor, investment objective, investment scale, investment capital and capital mobilization plan, location, deadline, implementation schedule, information information about the current status of land use at the project location,…;
  • Copy of land use rights documents or other documents determining the right to use the location to carry out an investment project in case the State does not request land allocation, land lease, or permission to change land use purpose;
  • Explanation of technology used in investment projects for projects subject to appraisal and consultation on technology;
  • BCC contract for investment projects in the form of BCC contract;
  • Other documents related to the investment project, conditions and capacity requirements of the investor according to the provisions of law (if any).

Implementation process

Based on Clause 2, Article 45 of Decree 31/2021/ND-CP, the process of adjusting investment projects is carried out according to the following steps:

  • Step 1: The investor submits the application to adjust the investment project at the Department of Planning and Investment of the province;
  • Step 2: The Department of Planning and Investment receives and checks documents and files for competent state agencies to get comments on the contents of investment project adjustments;
  • Step 3: After collecting opinions, the Department of Planning and Investment prepares an appraisal report on the adjusted investment project contents to submit to the Provincial People’s Committee;
  • Step 4: The Provincial People’s Committee decides to approve the project adjustment and notify investors.
Adjusting the content of investment project implementation
Adjusting the content of investment project implementation

Some notes when making adjustments to investment projects

When adjusting investment projects, investors should note the following:

  • Project adjustments are only made when there is a legitimate reason, including changing investment goals, capital scale, implementation time or investment location;
  • Investors must ensure environmental, land, and planning conditions when requesting adjustments;
  • Decisions to adjust projects must be made according to authority and not violate other legal regulations on investment and business.

Consulting services and support for adjusting investment projects in Long Phan

At Long Phan, we are always willing to support customers in the process of adjusting investment projects as well as necessary notes on order and procedures for effective implementation. Our services include:

  • Consulting on regulations related to making adjustments to investment projects;
  • Assist customers in preparing and drafting necessary documents;
  • Representing customers to carry out procedures for adjusting investment projects at competent state agencies;
  • Answer questions throughout the implementation process, after implementing investment project adjustment procedures;
  • Monitor the process of processing documents and support adjusting and supplementing documents;
  • Deliver and receive results at home, free of charge within the city. Ho Chi Minh.

Adjusting investment projects under the approval authority of the Provincial People’s Committee is an important process and requires strict compliance with legal regulations. Together with a team of experienced experts, Long Phan will support customers in implementing investment project adjustment procedures effectively. Please contact the hotline immediately 0906735386 for more specific and detailed advice.