Deployment of the investment projects
Deployment of the investment projects: After completing the proceduces of the investment, the investors will perform necessary as well as other legal proceduces to deploy the investment projects. On this stage, the investors’ deployment of the investment projects must follow the committed objectives and the progress and the regulations in the investment registration certificate and simultaneously comply with regulations of related specialized legal transaction namely law on land, environment, mineral, construction, labor, tax, bussiness registration,… HNLaw & Partners please note Customer these contents:
Legal base: Law on Investment 2014:
1. The assurance to execute the investment projects
- The Investors must deposit to ensure the execution of the projects which was assigned, leased, permitted by Government to change the land objectives.
- The deposite to ensure the execution of the projects is from 1% to 3% of the investment capital based on the scale, nature and executing progress of each specific investment.
2. The duration of the investment projects
- The duration of the investments which is in economic zones is not over 70 years.
- The duration of the investments which is out of the economic zones is not over 50 years. The investments executed in the areas which has differcult socio-economic conditions, areas have especial differcult socio-economic conditions or the investments have a large investment capital but have a slow capital pay-off have the longer duraytion but not over 70 years.
Note: To the projects which were assigned, leased land by the Government but in case the investors were assigned land late, the time that Government assigned late will not be added to the duration of the investment projects.
3. The estimate of the machinery, equipment and technology line
- The investors must be responsible to ensure the quality of the machinery, equipment and technology line to execute the investment projects following the regulations of law.
- In case it is necessary to ensure the stage management performance on science and technology or to determine the tax basis, the stage management agency has the authority to require the estimate independently the quality and the valuation of the machinery, equipment and technology line.
4. The transference of the investment projects
The Investors have the right to transfer all or a part of the investment projects to other investors if meeting these following conditions:
- To be not in circumstances to be terminated the operation;
- To meet the investment conditions applied to the foreign investors which receive the transference of projects which have conditional investment bussiness lines applied to the foreign investors.
- To comply conditions following the regulations of law on land, law on real estate bussiness in transfering the projects associated with transfer of land use right.
- The conditons which stipulated in the Investment Registration Certificate or other regulations of relative law (if any).
5. Extending the progress of the projects
- To projects that are granted investment registration certificate or investment policy decision, investors must propose in writing to the investment registration agency when extending the progress of investment capital execution, the progress of construction and putting the main work into operation (if any); the progress of executing operational objectives of the investment projects…
- The total extending time of the project is not over 24 months. In case of force majeure, the time to overcome force majeure consequences is not included in the time for extending the investment progress.
6. Pause and suspension of investment projects
The state management department of investment will decide to pause all or a part of operation of an investment projects in the following cases:
- To protect monuments, relics, antiques and national treasures in accordance with the Law on Cultural Heritage;
- To overcome environmental violations following the requirement of state management agencies in charge of the environment;
- To execute labor safety measures at the requirement of state management agencies in charge of the labor;
- According to a decision or judgment of a Court or Arbitration;
- Investors do not comply with the contents of the Investment Registration Certificate and have been administratively handled but continue the violations.
7. Termination of operation of investment projects
Investment projects are terminated in the following cases:
- The investors decide to terminate the operation of the projects;
- Under the conditions to terminating the operation as stipulated in the contract, the charter of the enterprise;
- The operation duration of the investment projects expires;
- The investment projects fall into one of the suspension cases which the investors are incapable of overcoming the conditions of suspension;
- The Investors whose land for executing the investment projects are recovered by Government or not allowed to continue using the investment location and do not adjust the investment location within 06 months from the date of decision on land acquisition or decision on unallowed to use the investment location.
- The investment projects have ceased the operation and expired within 12 months from the date of ceasing the operation, the investment registration agency cannot contact the investors or the investors’ legal representative;
- After 12 months, if the investors fail to implement or are unable to execute the projects according to the progress registered with the investment registration agency and do not fall into the case of extending the progress of the projects;
- According to a judgment or decision of a Court or Arbitration.
If Customer have the demand on “Investment Consulting”, please contact HNLaw & Partners for detailed support.
The detailed contact:
HNLAW & PARTNERS LAW FIRM
Address: DBS Building, N028, Lot 31, Commercial Services and Housing Area in Ha Tri, Ha Tri Ward, Ha Dong, Hanoi.