Consultancy on investment project activities

After the investor decides to invest, we support the investor to negotiate with partners, contact, and work with competent state agencies to get approval for the project location, applying for land lease, or allocation of land for project implementation to investors.

Legal basis

• Law on investment 2020;
• Decree No. 31/2021/ND-CP dated March 26, 2021, on the elaboration of some articles of the Law on Investment

Rules for execution of investment projects (Article 42 of Law on investment 2020)

For a project subject to approval for its investment guidelines, the approval for investment guidelines shall be granted before the investor executes the investment project.

For a project subject to the issuance of an investment registration certificate, the investor shall follow the procedures for issuance of the investment registration certificate before executing the investment project.

Investors shall comply with regulations of this Law and the laws on planning, land, environment, construction, labor and fire prevention and fighting; other relevant regulations of law, written approval for investment guidelines (if any) and the investment registration certificate (if any) during the execution of their investment projects.

Guarantee for the execution of investment project (Article 43 of Law on investment 2020)

The investor shall pay a deposit or have a bank guarantee for investment project execution if the project uses land allocated or leased out by the State or is permitted by the State to repurpose land, except for the following cases:

- The investor is the successful bidder for the right to use a land area that is allocated by the State for land levy or leased out by the State for a lump-sum rent;

- The investor wins bidding for the execution of an investment project using land;

- The State allocates or leases out land to the investor on the basis of receipt of an investment project for which a deposit has already been paid or for which the capital has been fully contributed or raised following the schedule specified in the written approval for investment guidelines or the investment registration certificate;

- The State allocates or leases out land to the investor for the execution of an investment project on the basis of receipt of the land use right and assets on land from another land user.

Note: Based on the scale, nature, and execution schedule of each investment project, the deposit for assurance of project execution is 01% - 03% of the investment capital of the project. If a project comprises multiple investment phases, the amount of deposit shall be paid and returned in each phase of execution of the investment project, except for the case in which the deposit is not returned.

Duration of investment projects (Article 43 of Law on investment 2020)

The duration of an investment project inside an economic zone shall not exceed 70 years.

The duration of an investment project outside an economic zone shall not exceed 50 years. The duration of an investment project in a disadvantaged area or extremely disadvantaged area or a project with large investment capital but with a slow rate of capital recovery may be longer but shall not exceed 70 years.

Note: If an investment project uses land allocated or leased out by the State, but the transfer of land is delayed, the delay shall not be included in the project duration or execution schedule.

Upon expiry of the duration of an investment project, if the investor wishes to keep executing the investment project and satisfies the conditions as prescribed by law, the duration of the investment project may be extended but shall not exceed the maximum prescribed in Clauses 1 and 2, Article 44 of Law on investment 2020, except for the following investment projects:

• Investment projects using obsolete, environment threatening, or resource-intensive technologies;
• Investment projects in which the investor must transfer assets without reimbursement to the State of Vietnam or the Vietnamese side.

Advise investors on:

• Project feasibility;
• Select the appropriate form of investment: direct investment, indirect investment, business establishment (100% foreign capital, joint venture), investment under contract (business cooperation contract, BT, BTO). and BOT…;
• Order and procedures for applying for an Investment Certificate (investing in Vietnam and investing abroad), applying for land, applying for construction permits, import, and export, work permits, etc.
• Legal conditions and investment incentives applicable to the project in each specific case;
• Risks may arise from the Vietnamese legal system and from socio-economic and market fluctuations for the project;
• The necessary preparation time for the investor to complete the construction and officially go into production and business;
• The most appropriate investment plans ensure the investor's business strategy and meet the provisions of Vietnamese and local laws...

The above is the consulting investment project activities of Hnlaw & Partners Law Firm. If the business still has problems, unknown, or needs other legal assistance, please contact the online legal consulting department through the hotline: 0912.918.296 for answers. We hope to receive the cooperation of customers!

For more details, please contact Hnlaw & Partners Law Firm

Address: DBS Tower, No.N028, lot 31 Ha Tri commercial service, and housing area, Ha Tri ward, Ha Dong District, Ha Noi.

Hotline: 0912.918.296

Email: tuvan.hnlaw@gmail.com

http://www.hnlaw.vn/tu-van-doanh-nghiep