Procedures for applying for investment licenses in industrial parks

Procedures for applying for investment licenses in industrial parks is a condition for investors to deploy projects in this area. The process of applying for an investment license includes many stages, from preparing documents and submitting applications to receiving the investment registration certificate. This article will provide detailed information about investment procedures in industrial parks, helping customers clearly understand the process and related requirements.

Investment activities are carried out for projects in industrial parks

Investors are allowed to carry out a variety of investment activities in industrial parks, creating conditions for the development of projects. According to Article 62 of Decree 31/2021/ND-CP, investment activities include:

• Rent or buy factories, offices, and warehouses that have been built to serve production and business activities.
• Paid use of technical infrastructure works and service works.
• Transfer and receive transfer of land use rights, lease land, sublease land with built technical infrastructure to build factories, offices and other works serving production and business.
• Renting and subletting factories, offices, warehouses and other buildings built to serve production and business.
• Other activities according to the provisions of the Law on Investment, this Decree and relevant laws.

When to apply for an investment license in an industrial park?

Applying for investment licenses in industrial parks when the investment project falls under the licensing authority of the Industrial Park Management Board. Specifically, the following cases fall under the jurisdiction of the industrial park:

• Investment projects on construction and business of industrial park infrastructure.
• Investment projects implemented in industrial parks.

Application for investment license in industrial park

Depending on whether the project is subject to investment policy approval or not, the application will have different requirements:

Projects not subject to investment policy approval:

• Written request to implement an investment project, accompanied by a commitment to bear all costs and risks if the project is not approved.
• Documents on the investor’s legal status.
• Documents proving the investor’s financial capacity, including the most recent 2-year financial statements, commitment to financial support, financial capacity guarantee or other documents proving financial capacity.
• Proposed investment project.
• Copy of land use rights documents or other documents determining the right to use the location to carry out the investment project (if the project does not request the State to allocate land, lease land, or allow change of land use purpose).
• Content explaining the technology used in the investment project (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).

Projects subject to investment policy approval:  Decision approving the investment policy.

Procedures for applying for investment licenses in industrial parks are standard

The process of applying for an investment license is carried out as follows:

Licensing authority:

The Department of Planning and Investment where the investor implements the investment project, places or plans to locate the executive office to implement the investment project shall issue an Investment Registration Certificate for the following investment projects:

• Investment projects implemented inside and outside industrial parks.
• Investment projects in industrial parks but the Industrial Park Management Board has not yet been established.

The Industrial Park Management Board issues Investment Registration Certificates for the following investment projects:

• Investment projects on construction and business of industrial park infrastructure.
• Investment projects implemented in industrial parks.

How to submit application:

Investors can submit applications directly or online at the competent investment licensing agency.

Resolution deadline:

For projects subject to investment policy approval:

• 05 working days from the date of receiving the document approving the investment policy concurrently with the investor’s approval for investment projects subject to issuance of Investment Registration Certificate;
• 15 days from the date of receiving the investor’s request for an Investment Registration Certificate for investment projects that do not fall into the cases specified above.

For projects not subject to investment policy approval:

The investment registration agency issues an Investment Registration Certificate to the investor within 15 days from the date of receipt of valid documents when the project meets the following conditions:

• Not belonging to industries or occupations banned from business investment as prescribed in Article 6 of the Law on Investment and international treaties on investment;
• Have a location for implementing the investment project determined on the basis of a valid copy of land use rights documents or a valid copy of the location rental agreement or other documents or documents determining the right to use the location to implement the investment project;
• The investment project is in accordance with the planning as prescribed in Clause 7, Article 31 of Decree 31/2021/ND-CP;
• Meet the conditions of investment rate per land area prescribed by the Provincial People’s Committee based on actual local conditions and approved by the Standing Committee of the Provincial People’s Council (if any), number of labor used (if any);
• Meet market access conditions for foreign investors.

Consulting services and support for applying for investment licenses in industrial parks

Long Phan provides consulting services and support for applying for investment licenses in industrial parks. We provide customers with the following services:

• Consulting on cases of issuance and exemption of investment licenses in industrial parks;
• Consulting on investment license conditions;
• Drafting application documents for investment licenses;
• Instructions on the order and procedures for applying for investment licenses;
• Consulting with competent authorities to grant investment licenses;
• Representing customers to carry out investment license application procedures;
• Consulting and answering other issues related to investment licenses in industrial parks.

Procedures for applying for investment licenses in industrial parks can be complicated and require a lot of time. To ensure the process goes smoothly and effectively, customers should carefully study the provisions of law and prepare complete documents. Long Phan is ready to accompany and support customers throughout the process of applying for an investment license. Please contact us via the hotline 0906735386 for the best advice and support!