1. Contents of evaluation of investment projects:

+ Investment projects funded by the state budget, state-guaranteed credit capital, development investment credit capital of the State and investment capital of State enterprises must be appraised on:

+ The compatibility with business line and territorial development plannings and rural-urban construction plannings;

+ The regime of exploitation and use of national resources (if any);

+ State support incentives which the investment project may be eligible under the general regulations;

+ Technology options and production scale and use capacity;

+ Architectural plans, the application of construction standards and construction standards;

+ Use of land, natural resources, ecological environment protection, resettlement plan (if any);

+ Fire and explosion prevention, labor safety and social issues of the project;

>> See also:  Consultant to establish a branch in Vietnam

+ Project risks that may occur during the implementation of the project affect the investment;

+ Overall assessment of the feasibility of the project.

+ Projects funded by the state budget, State investment credit capital and credit capital

The State shall also have to evaluate the financial conditions, price, investment efficiency and the plan for repayment of investment capital of the project:

>> Foreign Investment Law Consultant Online: 1900.6162

2. Competence to appraise investment projects:

+ For Group A projects:

+ The Ministry of Planning and Investment which is the lead appraising agency shall have to gather opinions of the branch-managing ministries, the concerned ministries and localities. Depending on the specific requirements of each project, the Ministry of Planning and Investment may invite other organizations and consultants from other relevant ministries to participate in the evaluation of projects.

+ For projects funded with the State's development investment credit capital, the capital-lending organizations shall evaluate the financial plans and debt repayment plans before submitting them to the persons competent to decide the investment.

+ For Group B and C projects funded with state budget capital, State-guaranteed credit capital and the State's development investment credit capital:

>> See also:  Consultancy services of foreign invested projects

+ The person competent to decide the investment shall use a competent professional body fully capable of organizing the appraisal and may invite the specialized agency of the concerned ministries and branches to evaluate the project.

+ City People's Committee decided to invest in group B

+ District People's Committees shall decide on investment projects with the capital of VND 5 billion or less and use the capital allocated by the city budget for district management.

+ The directors of the provincial/municipal Planning and Investment Services shall approve group-C investment projects funded with state budget capital

+ The director of the Land Administration and Housing Department approves the group-C projects using the capital source for lease of state-owned houses

+ The Director of the Public Transport Department approves the projects of Group C using the capital to ensure traffic.

3. Method of evaluation:

+ After receiving complete and valid dossiers, depending on each type of project, the investment-evaluating body shall concurrently send an official dispatch to the concerned branch when there is a need to determine the relevant contents to the evaluation.

+ Departments have the responsibility to review and give written comments to the evaluating body within the prescribed time.

+ In cases where the contents of the project are not complicated or the evaluating agency has enough information and conditions to evaluate the contents of the project, the evaluating agency may not have to consult the branches in the appraisal process. This must be stated in the appraisal report.

>> See also:  Legal consultants in the field of foreign investment

+ During the evaluation, if necessary, the evaluating agency may hold a consultative meeting to evaluate the project.

4. Time for evaluation:

+ Group A investment projects: The evaluation time limit shall not exceed 60 working days.

+ Group-B investment projects: The evaluation time limit shall not exceed 25 days, with appraisal time not exceeding 15 working days at the Planning and Investment Department.

+ Group C investment projects: The appraisal time limit shall not exceed 15 working days (including 7 days for consultation with the branch offices, if any).

5. Contents of the investment decision

The contents of the investment decision include:

+ Investment objectives;

+ Identify the owner;

+ Form of project management;

>> See also:  Lawyer counseling on foreign investment law

+ Location, area of land used, plan for environmental protection and resettlement and rehabilitation plan (if any);

+ Technology, design capacity, architectural plans, technical standards and project grades;

+ The regime of exploitation and use of national resources (if any);

+ Total investment;

+ Investment capital source, financial capacity and capital plan of the project;

+ The State's incentives and supports that the investment project may enjoy under the general regulations;

+ Method of implementing the project. Principles of the division of bidding packages and forms of selection of contractors. Group C projects must immediately draw up the bidding plan; Group A and Group B projects may make bidding plans after making investment decisions;

+ Construction time and milestones of the project.

+ The time limit for commencement of work (at the latest), the time limit for completion and putting the works into use (at the latest);

+ The relationship and responsibilities of the concerned ministries, branches and localities (if any). Enforcement effect

>> See also:  Minh Khue Law Firm services provide legal documents on investment

Translated from: Tư vấn lập dự án đầu tư tại Việt Nam

For more information, please contact: MINH KHUE LAW FIRM CO., LTD

Phone to request an establishment of types of company, call: 02439916057

Online legal consultancy office and appointment for a consultation at the office: 1900.6162 (Press 7)

Email: [email protected]

Look forward to cooperation with clients!

Best regards./.

>> See also:  Legal consultancy on issuing the Investment Registration Certificate