WHICH PROJECTS DOES PROVINCIAL PEOPLE’S COMMITTEES HAVE POWER TO APPROVE INVESTMENT GUIDELINES?

According to Article 29 Law on Investment, for certain projects, before applying for an investment registration certificate, the investor will have to go through the process of approving/ deciding investment policy and investor selection. Authority to approve investment policy: depending on the nature and scale of the project.

According to Article 32 Law on Investment, projects to be approved by the provincial People’s Committees including:

(i). Investment projects that request the State to allocate or lease out land without auction or bidding for or receipt of land use rights, and investment projects that request permission to repurpose land, except for cases of land allocation, land lease or permission for land repurposing by family households or individuals not subject to the written approval by the provincial People's Committee as prescribed in the law on land;

(ii). Projects on construction of residential housing (for sale, lease or lease purchase) and urban areas that use at least 50 hectares of land or less than 50 hectares of land but with a population of at least 15,000 people in an urban area; or that use at least 100 hectares of land or less than 100 hectares of land but with a population of at least 10,000 people in a non-urban area; or investment projects regardless of the area of land used or population within a restricted development area or within an historic inner area (determined in accordance with urban area planning projects) of a special urban area;

(iii). Investment projects on construction and operation of golf courses;

(iv). Investment projects of foreign investors and foreign-invested business entities executed on islands or in border or coastal communes; in other areas affecting national defense and security.

The investment guidelines of the investment projects in the above points i, ii and iii executed in industrial zones, export-processing zones, hi-tech zones and economic zones in conformity with planning approved by competent authorities shall be approved by management boards of such industrial zones, export-processing zones, hi-tech zones and economic zones. 

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