SECURITY OF INVESTMENT PROJECTS

Pursuant to Article 43 of the Investment Law 2020, for an investment project that requires the State to allocate or lease land or permit the change of land use purpose, the investor must deposit or have a bank guarantee. on the escrow obligation to secure the project implementation, except for the following cases:
(i) The investor who wins the auction of land use rights to execute an investment project is allocated land by the State with the collection of land use levy, or leases the land with one-off rental payment for the entire lease period;
(ii) The investor who wins the tender for the implementation of an investment project using land;
(iii) The investor who is allocated or leased land by the State on the basis of receiving the transfer of an investment project has made a deposit or has completed the capital contribution or capital mobilization according to the schedule specified in the acceptance document. investment policy agreement, investment registration certificate;
(iv) Investors are allocated or leased land by the State for the implementation of investment projects on the basis of receiving the transfer of land use rights and land-attached assets of other land users.
Based on the scale, nature and implementation progress of each investment project, the deposit level to secure the implementation of an investment project is from 01% to 03% of the investment capital of the investment project. In case an investment project consists of several investment stages, the deposit shall be paid and refunded according to each stage of the implementation of the investment project.
The deposit is made on the basis of a written agreement between the Investment Registration Authority and the investor after the investment project is granted the Decision on approval of investment policy and concurrently with the investor or investor's approval. The decision to approve the investor or the decision to approve the auction winning result and before organizing the implementation of the compensation, support and resettlement plan approved by the competent authority (in case the investor The investor does not advance compensation, support and resettlement) or before the time of issuance of the decision on land allocation, land lease, or permission to change the land use purpose (in case the investor has advanced the land use purpose), compensation, support, resettlement or in case the investor is selected to implement the project through auction of land use rights and is leased land by the State and paid annual land rent.
For detailed advice and timely support on transfer procedures and documents, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
Website: gattacalaw.vn