Procedures for approving investment policies of the Provincial People’s Committee

Procedures for approving investment policies of the Provincial People’s Committee is a legal process that investors need to follow when implementing investment projects locally. Mastering this procedure helps investors speed up project progress and comply with legal regulations. The following article will analyze in detail the aspects of investment policy approval procedures.

Projects under the investment policy approval authority of the Provincial People’s Committee

The Provincial People’s Committee has the authority to approve investment policies for many types of investment projects. Pursuant to Clause 1, Article 32 of the Law on Investment 2020, the Provincial People’s Committee approves investment policies for the following projects:

• 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 that are not subject to must have written approval from the Provincial People’s Committee according to the provisions of land law;
• Housing construction investment projects (for sale, lease, lease purchase), urban areas with land use scale of less than 300 hectares and population size of less than 50,000 people;
• Investment projects in accordance with the provisions of law on cultural heritage regardless of the size of land area and population within the scope of protection area II of relics recognized by competent authorities as national relics National monuments and special national monuments, except special national monuments on the World Heritage List;
• Investment projects do not differentiate between land area and population size in restricted development areas or historical inner cities (determined in urban planning projects) of special-class urban areas;
• Golf course construction and business investment project;
• 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 that affect national defense and security.

Content of appraisal and approval of investment policy

The investment policy approval appraisal process is an important step in procedures for approving investment policies of the Provincial People’s Committee. Thorough appraisal helps ensure the feasibility and effectiveness of the project.

According to Clause 3, Article 33 of the Law on Investment 2020, the appraisal content requesting approval of investment policy includes:

• Evaluate the compatibility of the investment project with national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any);
• Evaluate land use needs, conditions for land allocation, land lease, and permission to change land use purposes;
• Preliminary assessment of environmental impacts and environmental protection measures;
• Assess the impact and socio-economic efficiency of investment projects;
• Evaluate the compatibility of the investment project with national planning, regional planning, provincial planning, urban planning and special administrative-economic unit planning (if any);
• Assess land use needs;
• Preliminary assessment of the socio-economic efficiency of the investment project; preliminary assessment of environmental impact (if any) according to the provisions of law on environmental protection;
• Evaluation of investment incentives and conditions for enjoying investment incentives (if any);
• Evaluation of technology used in investment projects for projects subject to appraisal or consultation on technology according to the provisions of law on technology transfer;
• Evaluation of the investment project’s compatibility with urban development goals and orientations, housing development programs and plans;
• Preliminary assessment of investment phasing plans to ensure synchronization requirements; preliminary housing product structure and land fund reservation for social housing development; preliminary construction investment plan, urban infrastructure management inside and outside the project scope for investment projects to build housing and urban areas;
• Evaluation of the investment project’s suitability with the requirements of protecting and promoting the value of cultural heritage and the conditions prescribed by the law on cultural heritage.

Investment policy approval process of the Provincial People’s Committee

Application for approval of investment policy

According to current regulations, according to Article 33 of the Law on Investment 2020, Article 31 of Decree 31/2021/ND-CP, the application file for investment policy approval to carry out investment policy approval procedures of the Provincial People’s Committee The following specific documents should be included:

1. Written request to implement the investment project, including a commitment to bear all costs and risks if the project is not approved;
2. Documents on the investor’s legal status;
3. Documents proving the investor’s financial capacity include at least one of the following documents: the investor’s most recent 2-year financial statements; commitment to financial support from the parent company; commitment to financial support from financial institutions; guarantee of the investor’s financial capacity; Other documents proving the investor’s financial capacity;
4. Proposed investment project:

• In cases where the law on construction stipulates the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal;
• In case the investment project does not request the State to allocate land, lease land, or allow change of land use purpose, submit a copy of land use rights documents or other documents determining the right to use the location for implementation. current investment project.

1. Content explaining the technology used in investment projects for projects subject to appraisal and consultation on technology according to the provisions of law on technology transfer;
2. BCC contract for investment projects in the form of BCC contract;
3. Other documents related to the investment project, conditions and capacity requirements of the investor according to the provisions of law (if any).

Implementation procedures

The process of implementing investment policy approval procedures of the Provincial People’s Committee includes many specific steps, requiring close coordination between investors and competent state agencies.

According to Article 36 of the Law on Investment 2020, Clause 4, Article 33 of Decree 31/2021/ND-CP, the process of implementing investment policy approval procedures includes the following steps:

Step 1: Submit application

The investor submits 04 sets of documents requesting approval of the investment policy to the investment registration agency.

Step 2: Prepare appraisal opinions

• Within 03 working days from the date of receiving the valid dossier, the investment registration agency sends the dossier to seek appraisal opinions from the departments, district-level People’s Committees where the project is expected to be implemented, and other agencies. relevant agencies regarding content within the scope of state management of that agency;
• Within 15 days from the date of receipt of the dossier, the consulted agency shall have an appraisal opinion on the content within the scope of its state management and send it to the investment registration agency.

Step 3: Prepare an appraisal report

Within 25 days from the date of receiving the dossier, the investment registration agency prepares an appraisal report and submits it to the Provincial People’s Committee.

Step 4: Approve the investment policy

• Within 07 working days from the date of receiving the dossier and appraisal report, the Provincial People’s Committee shall consider and approve the investment policy for the project including the contents in Clause 7, Article 32 of Decree 31. /2021/ND-CP;
• In case of refusal, it must be notified in writing and clearly state the reason.

Step 5: Send the Investment Policy Approval Decision to relevant individuals and organizations, including:

• The investor or competent state agency has submitted documents to implement investment policy approval procedures of the Provincial People’s Committee;
• The agency assigned to organize the auction (in case of selecting an investor to implement the project in the form of auction of land use rights);
• The agency organizing bidding to announce the project list according to the provisions of the law on bidding, the law on socialization, and specialized law (in case of selecting investors to implement the project according to bidding form);
• Investment registration agency, departments and agencies related to the implementation of investment projects.

Consulting services to carry out procedures for approving investment policies of the Provincial People’s Committee

Long Phan’s consulting service on procedures for approving investment policies of the Provincial People’s Committee is an effective solution to help investors save time and resources.

The scope of consulting services and support for investment policy approval procedures of the Provincial People’s Committee includes:

• Comprehensive consulting on investment policy approval procedures;
• Support customers in preparing documents to request investment policy approval;
• Guide customers in preparing necessary documents
• Representing customers in the process of working with competent state agencies, monitoring the progress of processing documents and resolving arising problems.
• Monitor application processing progress and provide updated information to customers
• Resolve problems or requests that arise during the procedure

Procedures for approving investment policies of the Provincial People’s Committee is a complex process, requiring a deep understanding of laws and administrative processes. To ensure that your investment project is approved quickly and effectively, please contact Long Phan via hotline: 1900.63.63.89. We are committed to providing optimal solutions for all of our customers’ needs. Investment policy approval procedures.