DECISION

REGULATIONS ON SEQUENCE AND PROCEDURES FOR DIRECT INVESTMENT IN INDUSTRIAL ZONES, ECONOMIC ZONES IN THE ADMINISTRATIVE DIVISION OF QUANG NINH PROVINCE

THE PEOPLE’S COMMITTEE OF QUANG NINH PROVINCE

Pursuant to the Law on Organization of People’s Council and People’s Committee in 2003;

Pursuant to Law on Land in 2003; the Law on Construction in 2003; the Law on Investment in 2005; the Law on Environment Protection in 2005; the Law on Urban Planning in 2009; the Law on Supplements and Amendments to a number of articles of the laws relating to fundamental construction in 2009, decrees, circulars providing guidance on the implementation of aforesaid laws;

Pursuant to the Government's Decree No. 29/2008/NĐ-CP dated March 14, 2008 on industrial zones, processing and exporting zones and economic zones;

At the request of The Economic Zone Management Board of Quang Ninh Province in the Statement No. 647/TTr-KKT dated June 10, 2013, Document No. 1199/KKT-QHXD dated October 03, 2013; the Department of Justice's Appraisal Report No. 90/BC-STP dated June 04, 2013,

HEREBY DECIDES

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Article 2. This Decision takes effect after 10 days since the signing date.

Article 3. The chief officers of People’s committees of provinces; Head of The Economic Zone Management Board of Quang Ninh Province, heads of departments and sectors at provincial level; presidents of People’s committees of cities, districts; investors and relevant organizations, individuals shall be responsible for executing this Decision./.

PP THE PEOPLE’S COMMITTEE
ON BEHALF OF THE PRESIDENT
DEPUTY PRESIDENT




Nguyen Van Thanh

REGULATIONS

SEQUENCE, PROCEDURES FOR DIRECT INVESTMENT IN INDUSTRIAL ZONES, ECONOMIC ZONES IN THE ADMINISTRATIVE DIVISION OF QUANG NINH PROVINCE

(Enclosed with the Decision No. 2777/2013/QĐ-UBND dated October 11, 2013 of the People’s Committee of Quang Ninh Province)

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GENERAL PROVISIONS

The promulgation of this Decree aims at creating favorable conditions for investors at home and abroad (hereinafter referred to as the investors) to conduct investment, production and business effectively in industrial zones, economic zones and border-gate economic zones (hereinafter referred to as the industrial zones, economic zones) in the administrative division of Quang Ninh Province.

Article 1. Scope and regulated entities

- This Decree regulates sequence and procedures for direct investment, responsibilities of organizations, individuals relating to investment activities using sources of capital outside the state budget in the industrial zones, economic zones in the administrative division of Quang Ninh Province.

- This Decree applies to state management agencies, organizations, individuals and investors relating to investment activities in the industrial zones, economic zones.

Article 2. Interpretation of terms

In this Decree, some terms are construed as follows:

1. Industrial zone means the zone that produces industrial goods and performs services for industrial production, has defined geographical borderlines and is established according to the law provisions.

2. Economic zone means the zone that has special economic space with investment and business environment favorable for the investors, has defined geographical borderlines and is established according to the law provisions.

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4. Working days mean working days in solar calendar excluding holidays, Tet holidays as prescribed.

5. Commitment to project implementation means a written confirmation that the investor has made and is responsible to competent state management for implementing the investment project as prescribed.

6. Making deposits for the implementation of investment project mean the investor pays an amount of money into the account or a credit institution designated by People’s committees of provinces for the implementation of an investment project and is returned as prescribed hereof.

7. Single-window department means a place where instruction, receipt and returning of results of handling of administrative procedures for investment activities in the industrial zones, economic zones in the administrative division of Quang Ninh Province take place.

Address: Office of the Economic Zone Management Board of Quang Ninh Province, Floor 11, Building # 2, Hong Ha Ward, Ha Long City;

Article 3. Principles of handling administrative procedures

1. The Economic Zone Management Board is an agency that performs state management functions for the industrial zones and economic zones, playing a key role in providing instructions and information, handling administrative procedures relating to investment activities in the industrial zones and economic zones.

2. Handling of administrative procedures by single-window principle; If the documentation received is found adequate and eligible as prescribed, the single-window department of the Economic Zone Management Board shall issue a receipt and an appointment note as prescribed hereof.

If the documentation received is found ineligible, The Economic Zone Management Board shall be responsible for providing instructions to the investor on completion of the documentation after two working days since the receipt of the documentation.

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Chapter II

PARTICULAR PROVISIONS ON ADMINISTRATIVE PROCEDURES

SECTION I. SELECTION OF INVESTOR

Article 4. Approval for investment policies and construction sites

1. Approval for investment policies and construction sites shall be applied to projects that do not apply investor selection process and projects that receive expression of interest (EOI) from only one investor within three days since receipt of request for proposal (RFP) from the investor, including:

- Projects within the lists calling for investment and announced by the province’s People’s Committee;

- Projects outside city, commune boundaries

- Projects outside the lists requiring selection of investors and approved by the province’s People’s Committee;

2. Sequence of handling procedures:

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2.1 For projects within the lists calling for investment, annually approved and announced by the province’s People’s Committee; construction works, special purpose zones with clear definition of used land, nature of zoning plan or detailed planning scale 1/2.000 to 1/500 being approved by competent authorities:

- Components of documentation as prescribed in Appendix 1A hereof;

- Within five days after receipt of eligible documents, The Economic Zone Management Board shall carry out consideration and issue a written approval for preparation of investment procedures and return the result to the investor.

2.2 Projects within the province’s People’s Committee’s authority to approve investment policies and locations: For the areas with no zoning plan being made or a zoning plan being approved without clear definition of nature, size of the works:

- Components of documentation as prescribed in Appendix 1B hereof;

a. For projects that collection of suggestions from relevant agencies is not necessary:

Within three days, The Economic Zone Management Board shall make a written response to the investor on disapproval for investment policies and location (if the project is not feasible).

The Economic Zone Management Board shall make the submission to the province’s People’s Committee for consideration and decision if the project is feasible.

a. For projects that collection of suggestions from relevant agencies is necessary:

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- The Economic Zone Management Board shall issue a written response to the investor if the project is not feasible.

- The Economic Zone Management Board shall make submission to the province’s People’s Committee for consideration and decision if the project is feasible.

c. The province’s People’s Committee shall consider and decide to approve investment policies and construction sites within three days.

- Within one day since receipt of result from the province’s People’s Committee, the Economic Zone Management Board shall return the result to the investor via the single-window department.

3. For projects within the Prime Minister’s authority to approve policies, the investor shall issue a written notice to the Economic Zone Management Board for instructions and cooperation in the preparation of procedures.

Upon receipt of written approval for policies and construction sites, if the investor fails to comply with the provisions without proper reasons, such written approval shall become ineffective. Related expenses shall be incurred by the Investor.

Article 5. Selection of investor

1. Projects that require selection of investor: Sequence of preparation and approval for the lists of projects for selection of investors are prescribed in the Ministry of Planning and Investment’s Circular No. 03/2009/TT-BKH dated April 16, 2009 providing guidance on selection of investors carrying out projects that use land.

2. Projects in the form of land allocation or land lease via bidding shall be determined in the Decision No. 999/2013/QĐ-UBND dated April 15, 2013 of the province’s People’s Committee promulgating temporary regulations for determination of projects in the form of land allocation or land lease via land use right auction, or bidding for projects that use land in the administrative division of Quang Ninh Province.

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Article 6. Conditions of an investor

1. For projects that do not apply selection of investors and projects that lie outside the lists as prescribed in Clause 1, Article 5 hereof:

- A written approval for preparation of investment procedures or a written approval for policies and construction sites as prescribed in Article 4 hereof must be included;

- The investor must meet requirements as prescribed to be granted Investment certificate or investment registration under the Law on Investment.

2. Projects that apply selection of investor via bidding:

- Selection of an investor shall be based on bidding result, limited bidding;

- The investor must meet requirements as prescribed to be granted Investment certificate or investment registration under the Law on Investment.

The Economic Zone Management Board shall preside over making the report to competent authorities for issuance of decision on selection of the investor.

3. Urban construction projects:

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Article 7. Investment project performance guarantee

1. The investor shall guarantee project performance by making deposits to a bank or a credit organization appointed by the province’s People's Committee.

2. Level of deposit:

a. For housing development projects: Level of deposit is 20% of the project’s total investment (regardless of location).

b. For other projects, level of deposit is as follows:

- Mong Cai border-gate economic zones: 10% of the project’s total investment;

- Van Don economic zones: 8% of the project’s total investment;

- Bac Phong Sinh border-gate economic zones: 8% of the project’s total investment;

- Hoanh Mo – Dong Van border-gate economic zones: 5% of the project’s total investment;

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3. The investor shall be offered some discount on deposit for the following projects:

a. For projects that belong to the lists of investment incentives as prescribed in Appendix I of the Government’s Decree No. 108/2006/NĐ-CP dated September 22, 2006, the investor shall enjoy a 50% discount on the deposit level by area prescribed in Clause 2 of this Article.

b. Agricultural, rural construction projects that are eligible for exemption from deposits as prescribed in the Decision No. 2146/QĐ-UBND dated August 20, 2013 of the province’s People’s Committee approving agricultural and rural construction projects prioritized for exemption or discount on deposits in the administrative division of the province.

c. Technical infrastructure business construction projects (except infrastructure of industrial zones):

- For projects that completes site clearance, procedures for land allocation, issuance of land use right certificate, or land lease and receives hand-over of land at the site, the investor thereto shall be considered a 50% discount on the total deposit.

- For projects of investment and construction of schools, vocational training centers, hospitals, medical facilities, rehabilitation centers, cultural and sporting centers and projects that belong to the lists of types, criteria, size and standards decided by the Prime Minister, the investor thereto shall be considered a 50% discount on the deposit (the investor must make a written commitment to the project performance progress).

d. For projects that use land, water surface for production and business: Projects that complete site clearance, have completed at least 50% of work quantity, and the investor thereto has issued a written proposal and a commitment to the approved project performance progress, such investor shall be considered a 50% discount on the total deposit.

4. The investor shall be exempted from deposits for the following projects:

- Projects of investment and construction of industrial zone infrastructure;

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- Agricultural, rural construction projects that are eligible for exemption from deposits as prescribed in the Decision No. 2146/QĐ-UBND;

- Social housing projects;

- Investment projects in the form of BOT, BT, BTO and PPP;

5. Within three months since the investment decision is issued, the investor must make deposits. After this period, if the investor fails to make deposits, the Economic Zone Management Board shall make the report to competent authorities for revocation of the investment decision and the investor shall incur all the expenses related.

6. The investor shall be permitted extension of deposit making for the following projects:

- Projects of investment and construction of urban technical infrastructure, works on land with site clearance work left uncompleted due to objective reason (origin of the land for site clearance is hard to identify; complaints on land are complicated and lasting, funds for relocation not yet established…), extension for deposit making shall be considered provided that the district’s People’s Committee issues a written confirmation about site clearance. Extension of deposit making is from six months and below.

- Projects that use land, water surface for production and business with site clearance work left uncompleted due to objective reason (e.g. origin of the land for site clearance is hard to identify; complaints on land are complicated and lasting, funds for relocation not yet established…), extension of deposit making shall be considered provided that the district’s People’s Committee issues a written confirmation about site clearance. Extension of deposit making is from four months and below.

- Extension of deposit making shall be considered once for each project; in case the extension expires while the investor fails to make the deposit or the deposit made is insufficient as prescribed (not caused by force majeure), revocation of the investment decision or determination of the project the shall be considered and all related expenses shall be incurred by the investor.

- Deposits may be made once at a time or twice but not in excess of the prescribed time limit since the notice is issued and the first payment of deposit must be at least 50% of the total deposit to be made.

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8. The investor shall prepare procedures and submit proposals to the Economic Zone Management Board as foundations for refund of deposit when the investment project is implemented in accordance with the project’s approved intent and performance progress.

a) Refund 50% of the deposit after the investor has fulfilled compensation for site clearance (with respect to projects entailing compensation for site clearance);

b) Refund the remaining 50% (100% for projects without compensation for site clearance) after the project completes 50% of work quantity.

c) The investor shall be entitled to enjoy interests from the deposit made as prescribed by commercial banks. Such interests shall be refunded to the investor along with the principal deposit.

d) In case the investor fails to implement the project in accordance with the agreed performance progress without proper reasons, such deposit shall be paid to provincial state budget and the Economic Zone Management Board shall make decision or send the report to competent authorities for revocation of the investment decision.

SECTION II. CONSTRUCTION PLANNING

Article 8. Provision of planning information

1. The investor that needs provision of planning information must prepare documentation that includes:

- A request form for provision of information of which position, area and construction site must be specified (sent to the Economic Zone Management Board);

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2. Request documentation for provision of information sent to the Economic Zone Management Board;

- For areas with zoning plan or detailed planning being approved, the Economic Zone Management Board shall issue a planning certificate as prescribed;

- For areas without approved zoning plan, the Economic Zone Management Board shall provide planning orientation information in writing in reliance on the general construction planning.

3. Implementation period:

Within 10 days since receipt of eligible documentation from the investor, the Economic Zone Management Board shall be responsible for providing information to the investor. If the investor fails to meet the requirements as prescribed, the Economic Zone Management Board shall issue a written response accompanied by guidance to the investor within five days.

Article 9. Issuance of planning permit to investment projects in the economic zones

After receiving approval for investment policies and location, or decision on selection of investor, the investor shall carry out procedures for issuance of planning permit (for cases that require issuance of planning permit) to formulate detailed planning and feasibility study. The issued planning permit shall serve as foundations for the formulation, assessment and approval for planning objectives and detailed planning project.

1. Cases for issuance of planning permit:

- Projects of investment and construction of concentrated works in an urban area without approved zoning plan or detailed construction planning;

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- Projects of investment and construction of individual works in urban area without detailed planning (scale 1:500) or urban design except individual houses (villas, adjacent houses of all types);

- Projects of investment and construction of concentrated or individual works in an area that has approved detailed planning (scale 1:500) but some adjustments must be made to borderlines or criteria about use of land under urban planning for the land parcel;

- In case the intent of investment is different or not in conformity with approved zoning plan or detailed planning (scale 1:2,000), upon finding grounds (if any), competent agencies need to organize making local adjustments to urban planning as prescribed without performing procedures for issuance of planning permit.

2. Sequence and procedures for issuance of planning permit;

2.1. A single-window department of the Economic Zone Management Board is where documentation is received.

2.2. Documentation components:

- Request form for issuance of planning permit (according to the form provided by the Economic Zone Management Board);

- Authenticated copy of the decision on approval for investment policies and location or the decision on selection of investor, or issuance of Investment Certificate by competent authorities

- Chart of site, scale and borderlines requested for issuance of planning permit, represented in a scale drawing: 1:2,000 – 1:5,000 (for a land parcel > 5 ha); 1:500 – 1:2,000 (for a land parcel < 5 ha);

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- Summary of planned budget, use of land under planning, intent of investment, project scale and total investment;

- Copy of a general report on suggestions from residential communities in relation to the issuance of planning permit (with respect to projects as defined in Clauses 3, 4, Article 36 of the Decree No. 37/2010/NĐ-CP);

- Copy of legal documents relating to the project;

* Quantity of documentation: five sets

2.3. Sequence of handling procedures:

a. Projects of investment and construction of concentrated works in an urban area without approved zoning plan: Time limit for handling is 35 days.

- Within three days since receipt of the documentation, the Economic Zone Management Board shall collect suggestions from the Service of Construction, the district’s People’s Committee and relevant sectors (if necessary). Time limit for collection of suggestions is 15 days.

- Within six days after the time limit for collection of suggestions expires, the Economic Zone Management Board shall make the submission to the People’s Committee for approval and issuance of the planning permit.  If the documentation fails to meet the conditions for submission to the People’s Committee, the Economic Zone Management Board must issue a written response to the investor.

- The province’s People’s Committee shall carry out consideration and handling within 10 days.

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b. Other investment projects: the time limit for handling is 25 days.

- Within three days since receipt of the documentation, the Economic Zone Management Board shall collect suggestions from the Service of Construction, the district’s People’s Committee and relevant sectors (if necessary). Time limit for collection of suggestions is 15 days.

- Within six days after the time limit for collection of suggestions expires, the Economic Zone Management Board shall carry out assessment and issuance of the planning permit. If the documentation fails to meet the conditions for issuance of the planning permit, a written response must be issued to the investor.

- The Economic Zone Management Board shall return the result within one day since the planning permit is issued.

3. Period of validity of planning permit:

- Maximum period of validity of planning permit for projects of investment and construction of concentrated works is from 24 months and under from the date of issuance of planning permit till the detailed planning is approved.

- Maximum period of validity of planning permit for projects of investment and construction of individual works is from 12 months and under from the date of issuance of planning permit till the feasibility study is approved.

Article 10. Examination, verification and approval for planning objectives and detailed construction planning of an investment project

After receipt of approval for investment policies and construction sites, or decision on selection of investor or issuance of planning permit (for cases that require issuance of planning permit), the investor shall carry out formulation of detailed planning objectives.

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1. Sequence, procedures for examination, verification and approval for detailed planning objectives;

1.1. Receipt of documentation and returning of result at the single-window department of the Economic Zone Management Board;

1.2. Documentation components, drawings:

+ Documentation of planning objectives consists of explanations, drawings and draft decision on approval for planning objectives as prescribed in the Ministry of Construction’s Circular No. 10/2010/TT-BXD;

+ Components of documentation of detailed planning objectives, urban engineering objectives as prescribed in Appendix 2A hereof;

1.3. Sequence of handling procedures:

The Economic Zone Management Board shall preside over examination, verification and approval for planning objectives for projects that are in zoning plans and other areas in conformity with approved general construction planning (but do not belong to zoning plans under general planning). The time limit for handling is 19 days.

- Within three days since receipt of the documentation, the Economic Zone Management Board shall collect suggestions from the Service of Construction, the district’s People’s Committee and relevant sectors (if necessary): Time limit for collection of suggestions is 10 days.

- Within five days after the time limit for collection of suggestions expires, the Economic Zone Management Board shall carry out assessment and approval.

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- The single-window department shall return to the investor, the Service of Construction and the district's People's Committee each one set of documentation.

2. Sequence, procedures for examination, verification and approval for detailed planning project;

2.1. Receipt of documentation and returning of result at the single-window department of the Economic Zone Management Board;

2.2. Documentation components, drawings:

- Content of detailed planning project as prescribed in Article 20 of the Government’s Decree No. 37/2010/NĐ-CP and Article 12 of the Ministry of Construction’s Circular No. 10/2010/TT-BXD;

- Content of individual urban engineering project as prescribed in Article 14 of the Ministry of Construction’s Circular No. 10/2010/TT-BXD.

- Documentation components as prescribed in Appendices 2B, 2C hereof;

2.3. Sequence of handling procedures:

The Economic Zone Management Board shall preside over examination, verification and approval for planning objectives for the projects that are in zoning plans and other areas in conformity with approved general construction planning (but do not belong to zoning plan under general planning). The time limit for handling is 25 days.

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- Within six days after the time limit for collection of suggestions expires, the Economic Zone Management Board shall carry out assessment and approval.

- The Economic Zone Management Board shall return the result within one day since the decision on approval is issued.

- The single-window department shall return to the investor, the Service of Construction and the district's People's Committee one set of documentation each.

3. Announcement of planning: Based on decision on approval for planning project, the investor shall be responsible for cooperating with the district’s People’s Committee in making announcement of the approved planning.

- Time of announcement: within 30 days since the planning is approved.

- Content and manner of announcement as prescribed in Article 53 of the Law on Urban Planning (for urban areas); Article 39 of the Decree No. 08/2005/NĐ-CP (for other areas).

- Within seven days since the planning is announced, the investor shall be responsible for dispatching the written record of announcement (with confirmations from the district’s People’s Committee) to the Economic Zone Management Board for management along with approved planning documentation.

4. Setting up boundary makers in the filed:  within 60 days since the planning is announced, the investor shall be responsible for organizing formulation and approval for planning objectives, documentation and completing setting up boundary markers.

- Specifications, requirements for boundary markers as instructed in the Circular No. 15/2010/TT-BXD.

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Article 11. Adjustments to detailed construction planning

Sequence of implementation in case of new formulation of detailed planning. Additional components to documentation:

- Authenticated copy of competent authorities’ written approval for adjustment to planning;

- Copy of approval decision and approved planning project

Article 12. Examination, verification and approval for master site plan, architectural plan

1. For construction projects less than 5 ha in scale (or less than 2 ha for condominium construction projects), only feasibility study is required without detailed planning. The investor shall formulate and submit design of master site plan, architectural plan and fundamental designs for assessment and approval.

2. Sequence, procedures for assessment and approval;

2.1. Receipt of documentation and returning of result at the single-window department of the Economic Zone Management Board;

2.2. Documentation components as prescribed in Appendix 3 hereof;

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The Economic Zone Management Board shall preside over examination, verification and approval for master site plan, architectural plan of zoning plans and other areas in conformity with approved general construction planning: The time limit for handling is 20 days.

- Within three days since receipt of the documentation, the Economic Zone Management Board shall collect suggestions from the Service of Construction, the district’s People’s Committee and relevant sectors (if necessary): Time limit for collection of suggestions is 10 days.

- Within six days after the time limit for collection of suggestions expires, the Economic Zone Management Board shall carry out assessment and approval.

- The Economic Zone Management Board shall return the result within one day since the decision on approval is issued.

3. Make announcement about planning and setting up boundary markers as prescribed in Clauses 3, 4, Article 10 hereof;

SECTION III. INVESTMENT PROJECTS WITH INVESTMENT CERTIFICATE

Article 13. Feasibility study

Based on approved detailed construction planning (master site plan), relevant legal documents, the investor shall organize formulation, assessment, approval and making adjustment to the feasibility study.

For urban construction projects, the Decree No. 11/2013/NĐ-CP and relevant legal documents are applied.

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1. The investor shall carry out formulation of feasibility study and fundamental design as prescribed by the Law on Construction and relevant legal documents.

- A person who has authority to decide investment (the competent person) shall organize examination, verification and approval for the project. The head agency shall be appointed by the competent person for assessment of the project.

- Upon assessment of the project, the competent person shall decide collection of suggestions from professional agencies if necessary according to the law.

2. Sequence and procedures for collection of suggestions on fundamental design

2.1. Receipt of documentation and returning of result at the single-window department of the Economic Zone Management Board;

2.2. Documentation components as prescribed in Appendices 4 hereof;

2.3. Sequence of handling procedures:

The Economic Zone Management Board shall collect suggestions on fundamental design and time for handling administrative procedures:

+ No later 12 days for projects of group B;

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Of which the time for collection of suggestions on fundamental design from supervisory department (if necessary):

+ No later eight days for projects of group B;

+ No later five days for projects of group C;

After that time, if no suggestion is contributed, the agency is deemed to have agreed and shall take responsibility for matters relating to areas of its management.

3. For projects of group A, it is necessary to collect suggestions from Ministries managing specialized construction works: the Economic Zone Management Board shall provide instructions in writing to the investor.

Article 15. Registration for investment and issuance of Investment Certificate

1. Projects without registration for investment:

- Projects not subject to registration for investment: domestic projects of less than VND 15 billion in capital scale and not defined as projects of conditional investment.

- In case the investor needs investment incentives or Investment Certificate, such investor must carry out registration procedures for issuance of Investment Certificate as prescribed hereof.

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3. Projects subject to registration for issuance of Investment Certificate: foreign-funded projects of less than VND 300 billion and not defined as projects of conditional investment, the investor shall carry out registration procedures for issuance of Investment Certificate.

4. Registration documents for investment and issuance of Investment Certificate as prescribed in Appendix 5 enclosed herewith;

5. Handling procedures:

5.1. Projects subject to registration for investment (without issuance of Investment Certificate) as prescribed in the Law on Investment: the investor shall submit documentation and receive result from the single-window department. Time for handling is one day since receipt of the documenation as prescribed.

5.2. Projects subject to registration for issuance of Investment Certificate: the investor shall submit documentation and receive result from the single-window department.

a. Total time limit for assessment of the documentation, registration, issuance of Investment Certificate and return of result is seven days.

b. For documentation that needs collection of suggestions from relevant departments, sectors and localities or documentation asking for investment incentives, the time for assessment, registration, issuance of Investment Certificate and return of result is 10 days of which five days are for collection of suggestions since receipt of documentation for collection of suggestions as prescribed.

Article 16. Examination and verification of feasibility study for issuance of Investment Certificate

1. Projects subject to examination and verification: projects from VND 300 billion and over, and not defined as projects of conditional investment; projects from VND 300 billion and under, and defined as projects of conditional investment; projects from VND 300 billion and over, and defined as projects of conditional investment (as prescribed in Article 29, Law on Investment, and Articles 45, 46, 47 of the Decree No. 108/2006/NĐ-CP.

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3. Sequence of handling procedures:

3.1. Receipt of documentation and return of result from the single-window department;

3.2. Time for examination and verification of feasibility study for issuance of Investment Certificate:

Within three days since receipt of documentation, the Economic Zone Management Board shall examine its eligibility and send documented requests for collection of suggestions to relevant departments and sectors (if necessary); if necessary, documented requests for collection of suggestions should be dispatched to relevant ministries and departments.

a. If suggestions are collected from departments, sectors and localities: the time for contribution of suggestions on examination and verification by relevant agencies is five days. Within two days since the time for contribution of suggestions expires, the Economic Zone Management Board shall formulate a report on examination and verification, make consideration and decide issuance of Investment Certificate and return the result.  Total time for handling is 10 days since the documentation is received.

b. For documentation that requires collection of suggestions on examination and verification from Ministries or central agencies, the time for contribution of suggestions is 15 days.

Within two days since suggestions from relevant agencies are adequately collected, the Economic Zone Management Board shall formulate a report on examination and verification, make consideration and decide issuance of Investment Certificate and return the result.

Article 17. Examination and verification of feasibility study for projects within approving competence of the Prime Minister

1. Projects as defined in Article 37 of the Decree No. 108/2006/NĐ-CP.

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3. Sequence of handling procedures:

- Within three days since receipt of documentation of the project, the Economic Zone Management Board shall send documented requests for collection of suggestions to relevant ministries and sectors.

- The time for the ministries and central agencies to take part in contribution of suggestions is 15 days. After three days since receipt of written contribution of suggestions from the ministries and departments, the Economic Zone Management Board shall draft a statement to president of the province’s People’s Committee for submission to the Prime Minister for consideration and decision on investment policies.

- As prescribed, within seven days since receipt of the report on examination and verification, Office of the Government shall issue a written notice about the Prime Minister’s comments on the project.

- Within three days since receipt of written approval issued by the Prime Minister, the Economic Zone Management Board shall grant Investment Certificate to the investor and return the result.

Article 18. Adjustments to Investment Certificate

1. Feasibility study shall be adjusted under relevant law provisions. When adjustments in objectives, scale, site, manner, budget and implementation period are made, the investor must prepare procedures for adjustments to Investment Certificate.

2. Registration procedures for adjustments or examination and verification of adjustments are not required for projects subject to adjustment in the following cases:

- Domestic projects (after being adjusted) with scale of less than VND 15 billion in investment capital and not defined as projects of conditional investment;

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3. Registration for adjustments:

a. Projects subject to registration for adjustments: foreign-funded projects (after being adjusted) with scale of less than VND 300 billion in investment capital and not defined as projects of conditional investment; domestic projects (after being adjusted) not defined as projects of conditional investment except otherwise as regulated in Clause 2 of this Article.

b. Registration documents for adjustments to investment projects as prescribed in Point b, Clause 1, Article 52, Decree No.108/2006/NĐ-CP;

c. Within five days since receipt of eligible documents, the Economic Zone Management Board shall grant the adjusted Investment Certificate to the investor. For documentation that needs collection of suggestions from relevant departments, sectors and localities or documentation asking for investment incentives, the time for assessment is eight days.

4. Examination and verification of adjustments:

a. Projects subject to examination and verification of adjustments: foreign-funded projects (after being adjusted) defined as projects subject to examination and verification of adjustments for issuance of Investment Certificate; domestic projects (after being adjusted) defined as projects of conditional investment.

b. Documents of examination and verification of adjustments as prescribed in Point b, Clause 2, Article 52, Decree No.108/2006/NĐ-CP;

c. The Economic Zone Management Board shall organize examination and verification of the adjustments and grant the adjusted Investment Certificate to the investor within eight days since receipt of the documents.

Article 19. Assignment of investment project

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2. Components of assignment documents include:

- Registration form for assignment;

- Assignment contract;

- Documents of assignee’s legal capacity;

- Reports on project development;

- Land documents;

- Other relevant documents;

3. Procedures for assignment is performed simultaneously with registration, issuance and adjustment to Investment Certificate as prescribed hereof;

SECTION IV. ENVIRONMENTAL PROTECTION

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1. Formulation of environmental impact assessment report:

a. The project must be accompanied by the formulation of environmental impact assessment report as prescribed in Article 12, Decree No. 29/2011/NĐ-CP.

b. The formulation of environmental impact assessment report is performed simultaneously with the formulation of feasibility study (Economic-technical report).  The investor shall be responsible for formulating or hiring consultant to carry out the formulation of environmental impact assessment report and take responsibility for figures and outcomes as stated in the environmental impact assessment report.

c. Time of submission for examination, verification and approval for environmental impact assessment report as prescribed in Point 2, Article 13 of the Decree No. 29/2011/NĐ-CP;

2. Documentation components as prescribed in Article 13 of the Ministry of Natural Resources and Environment’s Circular No. 26/2011/TT-BTNMT; The investor shall submit a set of documentation at the single-window department of the Economic Zone Management Board.

3. Sequence of handling procedures:

- Within 15 days (30 days for projects of complexity in terms of environmental impact) since receipt of eligible documents as prescribed, the Economic Zone Management Board shall organize assessment of the environmental impact assessment report of which the time for establishment of the assessment council is five days, for the assessment is 10 days (25 days for projects of complexity).

- When result of assessment is issued by the assessment result, the Economic Zone Management Board shall issue the approval decision and return the result within three days.

Article 21. Commitment to environment protection

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2. Time of registration for commitment to environment protection as prescribed in Article 31, Decree No.29/2011/NĐ-CP;

3. Documentation components as prescribed in Article 46 of the Circular No. 26/2011/TT-BTNMT; The investor shall submit a set of documentation at the single-window department of the Economic Zone Management Board.

4. Sequence of handling procedures:

Within five days, the Economic Zone Management Board shall review and issue a written confirmation on commitment to environment protection and return the result to the investor according to the form as prescribed in Appendices 5, 6 enclosed with the Circular No. 26/2011/TT-BTNMT.

Article 22. Inspection and confirmation of implementation of environmental protection works and measures serving operation of project

1. Inspection and confirmation of implementation of environmental protection works and measures serving operation of project are instructed in Articles 25, 26, 27 and 28 of the Decree No. 29/2011/NĐ-CP.

2. Before putting the project into official operation, the investor shall be responsible for:

- Fulfilling all obligations as prescribed in Article 23 of the Decree No. 29/2011/NĐ-CP and environmental protection works and measures serving operation of the project as prescribed in Article 26 of the Decree No. 29/2011/NĐ-CP;

- Carrying out trial operation of waste treatment works serving operation of the project;

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3. Documentation components as prescribed in Article 38 of the Circular No. 26/2011/TT-BTNMT; The investor shall submit a set of documentation at the single-window department of the Economic Zone Management Board.

4. Sequence of handling procedures:

Within 20 days since receipt of documents, the Economic Zone Management Board shall organize inspection and confirmation of the implementation of environmental protection works and measures serving operation of the project of which the time for establishment of the team and preparation of invitations is five days, for organization of the inspection is five days and for working out the result is five days. After the result is issued, the Economic Zone Management Board shall issue the decision and return the result within two days.

SECTION V. ALLOCATION AND LEASE OF LAND, ISSUANCE OF LAND USE RIGHT CERTIFICATE

Article 23. Foundations for allocation or lease of land, conversion of land use purpose

1. Foundations for making decision on allocation land, lease of land, conversion of land use purpose: land-use planning and plans approved by competent state agencies, or approved detailed planning of industrial zones, zoning plan of economic zones.

2. Demand for land use:

- Demands for land use must be represented in the feasibility study, detailed construction planning approved or granted Investment Certificate to by competent state agencies.

- For projects that are not subject to consideration for approval by competent state agencies or not subject to consideration for issuance of Investment Certificate, detailed construction planning (or master site plan) approved by competent authorities shall be based.

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1. The state shall carry out expropriation for the purpose of economic development in the industrial zones and economic zones.

2. Sequence and procedures for expropriation, allocation or lease of land for the implementation of investment projects are instructed in Article 25 of the Ministry of Natural Resources and Environment’s Circular No. 14/2009/TT-BTNMT.

3. Announcement of land expropriation

a. The district’s People’s Committee shall announce land expropriation (as authorized by the province's People's Committee in the Document No. 1514/UBND-QLĐĐ dated April 19, 2010) after the detailed construction planning (or master site plan) is approved. The announcement of land expropriation shall include the following information:

- Assignment of tasks to the organization charged with compensation, support and resettlement;

- Location, borderlines and area of the land parcel subject to expropriation;

- Reason for expropriation;

b. For special purpose zones that are assigned to Provincial Land Fund Development Center or a functional agency by the province’s People’s Committee for the execution of compensation for site clearance to create a cleared land fund, announcement of expropriation shall be made by the province’s People’s Committee.

c. In case the land parcel subject to expropriation are under approved planning, land-use planning or detailed construction panning, location, area and borderlines of the parcel under planning must be mentioned in the announcement of land expropriation.

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Article 25. Documentation and sequence of allocation, lease of land in case of land expropriation without land use right auction

1. Documentation components as prescribed in Appendix 6 enclosed hereof ;

2. Sequence and procedures for allocation and lease of land:

a. The investor shall submit documents to the single-window department of the province's People’s Committee. After receipt of adequate documents, within one day, this single-window department shall be responsible for transferring the documents to the Service of Natural Resources and Environment for examination and verification and making submission for approval within competence.

b. Examination and verification of land documents: Within three days since receipt of the documents, the Service of Natural Resources and Environment shall prepare invitation letters to relevant units for field examination and verification. The Service of Natural Resources and Environment shall actively cooperate with the Economic Zone Management Board, the Office of Natural Resources and Environment of the district, the commune’s People’s Committee along with the investor and organization charged with compensation, support and resettlement in carrying out the examination and verification of the documentation, field research and shall provide guidance to the investor on completion of the documentation.

c. After examination and verification of the documentation, the investor and organization charged with compensation, support and resettlement shall complete documentation of allocation, lease of land according to the written records of examination and verification of the documentation, and make submission to the office of Natural Resources and Environment of the district.

d. Within five days since receipt of the documentation, the office of Natural Resources and Environment of the district shall be responsible for making considerations and submission to the district’s People’s Committee for expropriation of the households and individuals’ entire land within competence in reliance on the completed documentation of allocation, lease of land. Otherwise, a written notice must be issued to the investor and organization charged with compensation, support and relocation.

e. The district’s People’s Committee shall decide expropriation as follows:

- In case the land parcel subject to expropriation includes households and individuals’ land and organizations’ land, or households and individuals’ land only, within five days since receipt of the statement from the office of Natural Resources and Environment, the district’s People’s Committee shall be responsible within competence for issuing the decision on expropriation and sending the documentation of expropriation (including the statement, five maps countersigned by the district’s People’s Committee, the decision on expropriation, the detailed plan of compensation, support and resettlement examined and verified, records of examination and verification, other relevant documents) to the Service of Natural Resources and Environment for preparing the next procedures.

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f. Submission for approval for land document: Within five days since receipt of adequate documentation, the Service of Natural Resources and Environment shall make a written statement on allocation, lease of land to the province’s People’s Committee for consideration and approval.

g. Within three days since receipt of the statement from the Service of Natural Resources and Environment, the province’s People’s Committee shall issue the decision on expropriation of the land (owned by organizations), allocation, lease of the land (on the same decision). h. Within five days since the province’s People’s Committee issues the decision on expropriation, allocation and lease of land, the office of Natural Resources and Environment shall make submission to the district's People's Committee for approval and carry out the detailed plan of compensation, support and resettlement as prescribed in Clauses 2, 3, 4, 5, Article 31 of the Government’s Decree No. 69/2009/NĐ-CP dated August 13, 2009 and the Decision No. 499/2010/QĐ-UBND dated February 11, 2010 of the province’s People’s Committee. In case the land parcel subject to expropriation belongs to households and individuals, the office of Natural Resources and Environment shall make submission to the district’s People’s Committee for approval and carry out the detailed plan of compensation, support and resettlement within five days since the district’s People’s Committee issues the decision on expropriation of the land parcel and pay compensation under the approved plan.

i. The organization charged with compensation for site clearance shall take delivery of land as prescribed in Article 29 of the Ministry of Natural Resources and Environment’s Circular No. 14/2009/TT-BTNMT dated October 01, 2009, and then the office of Natural Resources and Environment shall actively cooperate with the Economic Zone Management Board in handing over the land to the investor, and sending four notes of hand-over (original) to the Service of Natural Resources and Environment (two copies), tax agency (one copy) and the Service of Finance (one copy) for preparing the next procedures.

k. Within three days since receipt of the decision on allocation, lease of land accompanied by a written declaration of land rent, land levy, note of land hand-over in the field, the Service of Natural Resources and Environment shall provide the information to the Service of Finance for determination of land rent, land levy.

Within 20 days since receipt of adequate information provided, the Service of Finance shall be responsible for determining land levy, land price as foundations for determination of unit price of land rent (in case land price prescribed by the province’s People's Committee is not in accordance with market price) and making submission to the province's Committee for approval.  Within three days since receipt of the land price issued by the province's People's Committee, the Service of Finance shall issue the decision on unit price of land rent.

l. After the decision on approval for land levy, unit price of land rent is issued, the Service of Natural Resources and Environment shall make a written notice to the investor for entering a contract for land lease (in case of land lease), provide instructions on payment of land levy, land rent and guidance to the land use registration agency on determination of financial obligations.

m. The investor must provide documentary evidence of financial obligations (or papers of exemption from financial obligations) to the Service of Natural Resources and Environment for issuance of land use right certificate.

Article 26. Allocation, lease of land to organizations using land

1. Documentation components as prescribed in Appendix 7 enclosed hereof ;

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- The investor shall submit documentation to the single-window department of the province's People’s Committee. After receipt of adequate documents, within one day, this single-window department shall be responsible for providing the documents to the Service of Natural Resources and Environment for examination and verification and making submission for approval within competence.

- Within 15 days since receipt of the documentation, the Service of Natural Resources and Environment shall be responsible for:

- Collecting suggestions from the Economic Zone Management Board and the Service of Construction on conformity with the planning;

- Actively cooperating with the Economic Zone Management Board in carrying out field research, examination and verification of the documentation;

- Making submission to the province’s People’s Committee for issuing decision on allocation, lease of land to organizations that are using the land as prescribed in Clauses 1, 2, Article 36 of the Decision No. 69/2009/NĐ-CP dated August 13, 2009, and Clause 2, Article 55 of the Government’s Decree No. 181/2004/NĐ-CP dated November 29, 2004 on exercising of the Law on Land;

- Directing the office of Natural Resources and Environment of the district (that plays a key role) and the commune's People's Committee to cooperate with the Economic Zone Management Board in organizing land hand-over in the field;

- Transferring the information to the Service of Finance for determination of price, entering contract for land lease as prescribed hereof;

Article 27. Land expropriation with respect to cases as prescribed in Article 38 of the Law on Land

Land expropriation with respect to the cases as prescribed in Clauses 2 and 8, Article 38 of the Law on Land is instructed in Article 131 of the Decree No. 181/2004/NĐ-CP.

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Article 28. Sequence and procedures for conversion of land use purpose

1. Sequence and procedures for conversion of land use purpose for the cases not subject to application for permission is instructed in Article 133 of the Decree No. 181/2004/NĐ-CP.

2. Sequence and procedures for conversion of land use purpose for the cases subject to application for permission is instructed in Article 134 of the Decree No. 181/2004/NĐ-CP.

3. Conversion of use purpose for land with properties thereon as public properties owned by regulatory agencies and state-owned enterprises is instructed in Article 6 of the Decree No. 84/2007/NĐ-CP.

Article 29. Sequence and procedures for extension of land use with respect to organizations at home and abroad, foreign individuals and overseas Vietnamese using land allocated, leased to by the state for implementation of investment projects

1. Six months before land use validity period expires, any land user who needs extension of land use must submit documentation of application for extension.

- Documentation components as prescribed in Appendix 8 enclosed hereof ;

2. Sequence of handling procedures:

- Within one day since receipt of adequate documentation from the investor, the single-window department of the province’s People’s Committee shall be responsible for transferring the documentation to the Service of Natural Resources and Environment for examination and verification and making submission for approval within competence.

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- After extension of land use is approved, the Service of Natural Resources and Environment shall transfer the information to the Service of Finance for determination of land rent.

- Determination of land levy, land rent is instructed hereof.

- After land rent is approved, the Service of Natural Resources and Environment shall re-enter the contract for land lease and transfer the information to tax agency for collection of land rent.

3. Cases ineligible for extension of land use period:

Any land user who fails to comply with the provisions set out in Clauses 1, 2 of this Article is required to formulation documentation of allocation, lease of land as prescribed.

Article 30. Sequence and procedures for handling and issuance of land use right certificate

Sequence and procedures for handling and issuance of land use right certificate is instructed in the Decree No. 1178/2011/QĐ-UBND dated April 21, 2011 of the province’s People’s Committee.

Chapter III

REGULATIONS ON MANAGEMENT OF URBAN AREA CONSTRUCTION PROJECT IN ECONOMIC ZONES

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1. The province's People’s Committee shall decide selection of investor. Selection of investor is instructed in Articles 5, 6 hereof.

2. After being selected, the investor shall be responsible for preparing proposal documentation for approval for investment as prescribed in Article 26 of the Decree No. 11/2013/NĐ-CP and making submission to competent authorities for approval for the implementation of the project.

3. Authorities to approve urban area construction projects are prescribed in Articles 21, 22, 23, 24, 25 of the Decree No. 11/2013/NĐ-CP.

4. Proposal documentation for approval for investment includes:

- Written statement and draft investment decision;

- Decision on approval for selection of the investor or written confirmations of land use right;

- Project documentation as prescribed in Article 32 hereof (excluding miniature model of project site as prescribed in Clause 3, Article 32 hereof);

- Legal documents enclosed: Decision on approval for urban development area and urban area development plan; documentation of detailed planning; documentation proving the investor’s financial qualifications, experience in investment and management as appropriate for the implementation of the project and other relevant legal documents.

5. Sequence and procedures for examination and verification of proposal documentation and making investment decision;

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5.2. For projects within the approving competence of the province’s People’s Committee without collection of suggestions from the Ministry of Construction, quantity of documentation is 10 sets.

- The Economic Zone Management Board shall preside over collection of suggestions on examination and verification of project documentation (including suggestions on fundamental design) from relevant departments, sectors and localities (if necessary). The time for participation in the contribution of suggestions is 25 days. After this time, if any agency asked for suggestions fails to issue a participation document, such agency shall be deemed to have agreed on the proposal documentation and take responsibility for the areas of its management.

- Within 10 days since the time for collection of suggestions from relevant agencies expires, the Economic Zone Management Board shall make a summary, organize examination and verification, and make submission to the province’s People’s Committee for approval for investment (or make notification to the investor about non-conformity of the proposal documentation).

- The province’s People’s Committee shall carry out considerations and handling within eight days.

- The Economic Zone Management Board shall return the result to the investor within one day since receipt of the result from the province’s People’s Committee.

5.3. For projects that are within the approving competence of the province’s People’s Committee and require collection of suggestions from the Ministry of Construction, quantity of documentation is 16 sets.

- Within seven days since receipt of the documentation, the Economic Zone Management Board shall make a report and prepare a draft document to the province's People's Committee who then makes the submission for collection of suggestions to the Ministry of Construction (enclosed with one set of documentation).

- As prescribed, within five days since receipt of the written request for suggestions, the Ministry of Construction shall issue a written reply to the province's People’s Committee according to the provisions set out in Article 28 of the Decree No. 11/2013/NĐ-CP. If necessary, the Ministry of Construction shall collect suggestions from relevant ministries, departments. For projects as such, time for consideration and making written reply by the Ministry of Construction shall not exceed 30 days since receipt of the written request for suggestions.

- At the same time, the Economic Zone Management Board shall collect suggestions from relevant agencies as in the cases prescribed in Point 5.2 of this Article. Time for contribution of suggestions is 15 days.

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- The province’s People’s Committee shall carry out considerations and handling within five days.

- The Economic Zone Management Board shall return the result to the investor within one day since receipt of the result from the province’s People’s Committee.

5.4. For projects within the competence of the Prime Minister, quantity of documentation is 20 sets;

- Within seven days since receipt of the documentation, the Economic Zone Management Board shall make a report and prepare a draft statement to the province's People's Committee who then makes the submission to the Ministry of Construction (enclosed with 10 sets of documentation).

- As prescribed, the Ministry of Construction shall receive and examine the documentation, and carry out collection of suggestions from relevant ministries, departments within seven days since receipt of adequate documentation. Within 15 days since receipt of the written request for suggestions, the ministries, departments shall be responsible for making a written reply. Within 20 days since receipt of written suggestions from relevant ministries, departments, the Ministry of Construction shall submit a written examination and verification report to the Prime Minister according to the provisions prescribed in Article 29 of the Decree No. 11/2013/NĐ-CP. The Prime Minister shall decide to assign the investor to execute the project within 30 days since receipt of the written examination and verification report from the Ministry of Construction.

- The Economic Zone Management Board shall return the result to the investor within one day since receipt of the result from Office of the Government.

6. Subject matters of the examination and verification, and the investment decision are instructed in Article 29, 30 of the Decree No. 11/2013/NĐ-CP.

Article 32. Project documentation

1. Explanation of the project consists of the following information:

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b) Manner of investment and investor;

c) Scope, area, borderlines of site plan and current conditions of land parcel;

d) Site clearance plan, plan of relocation and support in vocational training, jobs to residents in the area subject to site clearance;

dd) Quantity and proportion of houses, apartments, product consumption plan, solutions and alternative of organizing and implementing public services and other urban services;

e) Economic and technical explanations, business plan for capital divestment; total investment; efficiency of economic and social investment; specifying allocation of land, transfer of land use right, lease of land or use of land fund to create capital for infrastructure construction;

g) Explanations as to the investor’s financial capability, experience in investment and management as appropriate for implementation of the project;

h) Implementation method:

- Project management manner;

- Investment phasing, implementation progress and organization measures

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3. Urban design documentation and miniature model of project site;

4. Component project documentation serving relocation, site clearance (if any);

5. Coordination between the investor and local authorities in the following tasks:

a) Investment and construction of outside technical infrastructure works and state-owned technical infrastructure works going through the project area;

b) Investment and construction of head offices of administrative agencies and social infrastructure works (if any);

c) Infrastructure work items transferred without compensation (if any) and transfer progress;

d) Responsibilities for provision of public services and other urban services;

dd) Identifying obligations, responsibilities, and relationship between the investor and related subjects for aforesaid coordination matters;

e) Proposals for support and incentives to the project;

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Article 33. Adjustment to investment projects

1. Investment projects shall be subject to adjustment due to the followings:

- Affected by natural disasters such as earthquake, storms, floods, tsunami, enemy-inflicted disaster or other force majeure events;

- New introductions bring about high efficiency for the project;

- When changes on construction planning impose direct effects on scope, nature and objectives of the project.

2. When adjustments made to the project change objectives, scope and function of land use. The investor must carry out procedures for making adjustments.

3. Examination, verification and approval for adjustments:

3.1 Receipt of documentation and returning of result at the single-window department of the Economic Zone Management Board;

3.2. Documentation components are instructed the same as proposal documentation for approval for investment as prescribed in Article 31 hereof of which proposals for adjustment and reasons for adjustment must be specified;

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- The Economic Zone Management Board shall carry out considerations and collect suggestions from relevant departments, sectors and localities (if necessary). Time for contribution of suggestions is 15 days.

- Within five days since the time for collection of suggestions expires, the Economic Zone Management Board shall make a summary of suggestions, conduct examination and make submission to the province’s People’s Committee for consideration and decision.

- The province’s People’s Committee shall carry out considerations and handling within eight days.

- The Economic Zone Management Board shall return the result to the investor within one day after receipt of the result from the province’s People’s Committee.

3.4. For projects that require collection of suggestions from or examination and verification by the Ministry of Construction, quantity of documentation is eight sets.

- Within five days since receipt of eligible documentation, the Economic Zone Management Board shall make a report and prepare a draft document to the province's People's Committee who then makes the submission to the Ministry of Construction (enclosed with three sets of documentation).

- As prescribed, the time for consideration and feedback from the Ministry of Construction is 15 days since receipt of the document and project documentation. In case the Ministry of Construction must collect suggestions from relevant ministries, department, total time for consideration and feedback shall not exceed 30 working days since receipt of the document and project documentation.

- The Economic Zone Management Board shall make a summary, organize examination and verification, and make submission to the province’s People’s Committee for handling or return the result in the same way as procedures for approval for investment.

Article 34. Examination and verification of design and construction estimates

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2. Procedures for examination and verification of technical design and cost estimates, or shop drawing design and cost estimates applied to three-step works or two-step works respectively;

3. Sequence, procedures for examination and verification of design – cost estimates:

3.1. Documentation components:

- Investment decision (certified true copy);

- Decision on approval for detailed construction planning accompanied by detailed construction planning documentation or master site plan (copy);

- Explanation, total investment;

- Fundamental design;

- Qualifications of surveying and engineering contractor;

- Documents about construction survey relating to engineering steps;

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- Cost estimates of items or total construction estimates;

- Reports on examination and verification of design – cost estimates formulated by an independent consultant hired by the State;

* Quantity of documentation: three sets

3.2 Receipt of documentation and returning of result at the single-window department of the Economic Zone Management Board;

3.3. Sequence of handling procedures:

- Within three days since receipt of the documentation, the Economic Zone Management Board shall send three sets of the documentation to the Service of Construction.

- Within 25 days, the Service of Construction shall carry out examination and verification, and issue a written notice about the result of examination and verification to the Economic Zone Management Board (two sets of documentation with stamp of examination and verification and three copies of the written notice about the result of examination and verification).

- The Economic Zone Management Board shall make a summary and return the result to both the investor and the Service of Finance within one day since receipt of the result of examination and verification. 4. Subject matters of examination and verification:

4.1 Subject matters of examination and verification of design:

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- Conformity of design with National technical regulations, standards applied to the works;

- Conformity of design documentation with fundamental design

4.2 Examination and verification of cost estimates or total estimates;

- Assess conformity of main quantity of cost estimates with design quantity;

- Check logicality of application of construction unit price, standard rate of cost, cost estimates of consultancy and other work items in total cost estimates;

- Determine total cost estimates;

Article 35. Construction cost management

1. Formulation and management of construction cost for urban area construction projects are instructed in the Decree No. 112/2009/NĐ-CP and Circular No. 04/2010/TT-BXD (the same way as projects that use at least 30% of state capital).

2. Standard rate, unit price, price and construction price index are determined according to competent agencies’ public announcement and general regulations on construction cost management with respect to projects that use capital from the province’s People’s Committee.

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- The documentation shall be sent to the Service of Construction for handling as prescribed in the Decision No. 1788/2012/QĐ-UBND and applicable regulations.

Article 36. Project management, quality management and construction progress

1. Project management: The investor shall carry out project management according to the manner as stated in the approved investment decision, the provisions set out in the Law on Construction and other relevant legal documents.

2. Quality management:

- The investor shall be responsible for construction quality management according to the provisions set out in the Law on Construction, the Decree No. 15/2013/NĐ-CP and other relevant legal documents.

- For construction works with the transferee being identified in the project approval:

+ The transferee has the rights and obligations to take part in quality management, inspection and acceptance of the works by establishing a supervisory organization or assigning a qualified functional unit (as prescribed) to take part in the supervision and management of quality during the construction until the works are completed and put into operation. Budget for organizing supervision shall be balanced and incurred by the transferee.

+ The investor shall be responsible for providing materials, documents concerning supervision and management of quality, conditions for implementation as prescribed to the transferee for performing its functions and duties.

+ The investor shall be responsible for making a written notice about implementation progress, plan for inspection and acceptance, construction items to the transferee for coordination.

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+ The investor and transferee both agree about executing in writing the statue for coordination in quality management and acceptance according to the law provisions and shall be responsible to the law for construction quality management.

- The investor shall be responsible for management and construction of the works in accordance with the approved design and making all necessary corrections.

- During regular quality inspections performed by state management agencies, or inspection of acceptance, or acceptance to put the works into operation by the investor, upon finding any quality defect or changes in design, the state management agency for construction quality shall issue a written request to the investor for remedial work within a specified period of time, and at the same time to the Economic Zone Management Board as foundations for monitoring and management according to regulations.

3. Construction progress: The investor shall be responsible for developing the project according to the period as prescribed in the investment decision. Handling of violations to the construction progress is prescribed in the Law on Construction, the Law on Land and regulations promulgated by the People’s Committee of Quang Ninh Province.

Article 37. Completion, hand-over to put the works into operation

1. Inspection and acceptance of the works to put into operation:

- Inspection and acceptance of the works are instructed in the Law on Construction Quality Management.

- The investor must complete the procedures for recognition of land use right and ownership of the works according to the law provisions with respect to the works completed and put into operation.

- The investor must fulfill procedures for inspection of acceptance to put the works into operation as prescribed in Articles 31, 32 of the Decree No. 15/2013/NĐ-CP before starting acceptance to put the works into operation.

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2. Sequence and procedures for inspection:

Fifteen days before the time of inspection, the investor shall submit two sets of documentation to the single-window of the Economic Zone Management Board for handling.

2.1. Documentation components:

+ A written statement of inspection with work items subject to inspection, plan for inspection being specified.

+ Result of inspection and acceptance to put the works into operation (if any) as prescribed in Article 32 of the Decree No. 15/2013/NĐ-CP;

+ As-built documentation of work items as prescribed;

+ Shop drawings and approval decision;

+ Designer's supervision report by engineering consultant;

+ Construction supervision report by supervision consultant;

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+ Quality supervision report by the transferee (with respect to the works, work items to be transferred according to the investment decision);

+ Certificate of satisfaction of load bearing conditions, certificate of construction quality conformity as prescribed;

+ Results of assessment of quality, value and completion of necessary maintenance tasks by verification consultant (with respect to works, work items transferred and used);

2.2. Sequence of handling procedures:

- Within five days after receipt of eligible documentation, the Economic Zone Management Board shall decide the establishment of a Council of Inspection that consists of:

+ The Economic Zone Management Board – Chairman of the Council;

+ The Service of Construction, the People’s Committee of relevant district;

Supervisory departments (if necessary);

+ Transferee (with respect to construction works, work items to be transferred according to the investment decision);

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- Organization of inspection:

+ The Council of Inspection shall work at the site and in the project management office (where the investor shall be responsible for providing records and documents related to the project), and issue the record of assessment or inspection and acceptance to put the works into operation (if requirements as prescribed are met).

+ For construction works, work items to be transferred as prescribed, in addition to the record of inspection and acceptance to put the works into operation, the Council of Inspection shall countersign the record of transfer for management and operation along with the investor and the transferee.

3. Based on results of inspection, record of inspection, the investor shall formulate the report on completion of inspection and acceptance to put the works into operation, make submission to the Economic Zone Management Board, report to the province's People's Committee and complete documentation of final settlement of investment capital for approval as prescribed.

4. For construction works that need transfer of administrative management to local authorities:

- The investor shall formulate the plan for transfer of administrative management to local authorities as prescribed in Article 38 of the Decree No. 11/2013/NĐ-CP.

- The Service of Home Affairs shall cooperate with the district’s People’s Committee, the Economic Zone Management Board, the investor and relevant units in performing transfer of administrative management according to the law on organization and operation by local authorities.

5. For technical and social infrastructure works that are not transferred or yet to be transferred, the investor shall be responsible for management and operation quality assurance.

6. Filing of documentation of construction works is instructed in the Law on Archives, the Law on Construction and relevant law provisions.

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8. The transferee shall be responsible for managing the operation of the works in conformity with its functions, and performing maintenance of the works according to the Law on Construction.

Article 38. Change of investor

1. Change of investor means the investor assigns the entire urban development investment project to another investor.

2. Change of investor must ensure no change to project objectives, ensure interests of clients and relevant parties, compliance with the law provisions on investment and real estate business and relevant law provisions.

3. Change of investor of tier 1 must be approved in writing by competent state agencies. Agencies that decide to select or assign the investor to implement the project are the agencies that have the power to approve change of investor.

4. The investor shall be responsible for making the submission of the written statement and relevant legal documents to the Economic Zone Management Board for specific instructions.

5. New investor must meet all the conditions set out in Clause 2, Article 16 of the Decree No.11/2013/NĐ-CP;

Article 39. Land allocation and issuance of land use right certificate

1. Sequence and procedures are instructed in Section V, Chapter II hereof.

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3. The Service of Natural Resources and Environment shall direct the office of Natural Resources and Environment (that plays a key role) and the commune's People's Committee to cooperate with the Economic Zone Management Board in organizing hand-over of cleared land in the field to the investor for the implementation of the project.

4. For land eligible for issuance of land use right certificate (site clearance done, land levy paid fully to the state budget as prescribed), the investor has the right to request issuance of land use right certificate to itself or to owners of houses or properties linked to land. It is not necessary that land use right certificate is issued to the investor of tier 1.

5. The district’s People’s Committee shall issue land use right certificate to persons that receive land use right from the investor (assignees) within competence for area of land that investment in infrastructure under the approved project, planning and technical design is completed and the investor has performed its financial obligations after the examination, verification and approval are completed by the Service of Natural Resources and Environment.

6. The investor, in reliance on phased investment plan, project implementation period under approval decision or investment permit, shall cooperate with the district’s People’s Committee where the land subject to expropriation sits in implementing site clearance, land allocation plan and making submission to the Service of Natural Resources and Environment for examination and verification, and to the province’s People’s Committee for consent to the land allocation progress.

Article 40. Determination of land price and re-approval for land price

1. Determination of land price applies to projects subject to determination of land price as foundations for the investor to perform financial obligations to the state.

2. Determination of land price for urban area construction projects shall be based on principles, general method of land price determination as instructed in the Decree No. 198/2004/NĐ-CP, Decree No. 123/2007/NĐ-CP, Decree No. 69/2009/NĐ-CP, Decree No. 120/2010/NĐ-CP dated December 30, 2010, Decree No. 188/2004/NĐ-CP dated November 16, 2004 of the Government, and the Ministry of Finance’s guiding circulars on land price determination.

3. Cases subject to re-approval for land price: Adjustments are made to the project due to changes in scope, land use function, product mechanism, or design (resulting in changes to cost estimates, total cost estimates, total investment) and approved by competent authorities.

4. The Service of Finance is the agency that plays a key role in providing guidance on the determination of land price, carrying out re-approval for land  price and making submission to the province’s People’s Committee for approval.

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TRANSITIONAL HANDLING AND IMPLEMENTATION

Article 41. Handling of transitional cases

1. For projects that investment policies and location are approved (with unexpired implementation period) but detailed construction planning is not yet approved, and no investor is assigned yet, perform the next steps as prescribed hereof.

2. For projects that investment policies and location are accepted, detailed construction planning approved but no investor is assigned before the effective date of this Decision, perform registration procedures for issuance of Investment Certificate (not registration procedures for being the investor), make a written commitment to project implementation progress, and make deposits as prescribed hereof.

3. The Economic Zone Management Board shall perform function of urban development management in the Economic zones as prescribed in Article 13 of the Decree No. 11/2013/NĐ-CP.

Article 42. Implementary provisions

Heads of departments, sectors, presidents of People’s committees of districts, cities, and relevant organizations, individuals shall be responsible for implementation.

Any difficulties arising during the implementation of this Decision must be reported (by state administrative agencies at provincial level, organizations, individuals and the investor) to the Economic Zone Management Board for making a summary and submission to the province's People's Committee for amendments and supplements as appropriate./.

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APPENDIX 1A

DOCUMENTATION ASKING FOR CONSENT TO FEASIBILITY STUDY

1. A written statement asking for consent to investment (sent to the Economic Zone Management Board of Quang Ninh Province), of which the following information must be specified:

- Location (specify name of land parcel or the construction works in the approved zoning plan or detailed construction planning), area of used land, method of land use;

- Objective, nature and scope of investment, applied technology;

- Total investment capital planned;

- Implementation plan;

- Capital plan and project implementation plan

2. Copy: Business registration certificate, enterprise establishment certificate (organizations) or passport (foreign individuals)

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* Quantity of documentation: three sets

APPENDIX 1B

DOCUMENTATION ASKING FOR CONSENT TO INVESTMENT POLICIES AND CONSTRUCTION SITES

1. A written statement asking for consent to investment policies and construction sites (sent to the Economic Zone Management Board of Quang Ninh Province);

2. Copy: Business registration certificate, enterprise establishment certificate (organizations) or passport (foreign individuals);

3. Documented explanations of investment ideas of which the following information must be specified:

- Objective, nature and scope of investment, applied technology;

- Construction site (specify place-name of district, commune, town, quarter...), planned area of used land, method of land use;

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- Implementation plan planned;

- Capital plan and project implementation plan

4. Map of construction site: Sketch representation of positions (mark X inside the circle), borderlines (bold, dashed lines), printed map (scale from 1:2,000 to 1:10,000) on the basis of topograhic map or field research with current conditions and adjacent projects being specified. Map of construction site shall be stamped by the investor and agreed by the district’s People’s Committee.

The investor may use forms posted on www.halonginvest.gov.vn by the Economic Zone Management

5. Copy: Enterprise’s financial reports (audit reports of the most recent year) and a written commitment to capital for project implementation.

* Quantity of documentation: six sets

APPENDIX 2A

DOCUMENTATION SUBMITTED FOR EXAMINATION, VERIFICATION AND APPROVAL FOR DETAILED PLANNING OBJECTIVES AND INDIVIDUAL URBAN DESIGN

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1. Documentation components and drawings:

a.  Documents and relevant records: three sets

- A written statement for approval prepared by the investor;

- Summary of suggestions on planning objectives from planning area -related residential communities: Articles 20, 21 of the Law on Urban Planning 2009;

- Copy of legal documents relating to approval for investment policies, locations, selection of investor for project implementation, planning permit (if any);

- Draft decision on approval for planning objectives: Point c, Clause 1, Article 34 of the Government’s Decree No. 37/2010/NĐ-CP dated April 07, 2010.

b. Documented explanations: seven sets

Subject matters of the explanations are instructed in Clause 1, Article 7 of the Ministry of Construction’s Circular No. 10/2010/TT-BXD.

c. Drawings: seven sets enclosed with explanations;

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- Printed map (1:500 scale) representing borderlines under study, scope of planning area (1:500 scale color drawing);

2. CD discs containing explanations of the objectives, the statement, draft decision (in the form of PDF or doc. files), drawings (AutoCAD): three discs.

II. Documentation of examination, verification and approval for individual urban design objectives:

1. Documentation components and drawings:

a. Documents and relevant records: three sets

- A written statement for approval prepared by the investor;

- Summary of suggestions on engineering objectives from planning area -related residential communities: Articles 20, 21 of the Law on Urban Planning 2009;

- Copy of relevant legal documents;

- Draft decision on approval for engineering objectives;

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Subject matters of the explanations are instructed in Clause 1, Article 8 of the Ministry of Construction’s Circular No. 10/2010/TT-BXD.

c. Drawings: seven sets enclosed with explanations;

- Map of the planning area excerpted from the zoning plan or general urban planning (A3 size color drawing);

- Printed map (1:500 scale) representing borderlines under study, scope of the area designed (1:500 scale color drawing);

2. CD discs containing explanations of the objectives, the statement, draft decision (in the form of PDF or doc. files), drawings (AutoCAD): three discs.

APPENDIX 2B

DOCUMENTATION, DRAWINGS FOR EXAMINATION, VERIFICATION AND APPROVAL FOR DETAILED CONSTRUCTION PLANNING

1. Documentation components and drawings:

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- A written statement for approval prepared by the investor;

- Copy of the planning consultant’s certificate of business registration, copy of the planning project manager’s practice certificate;

- Summary of suggestions on planning project from planning area -related residential communities: Articles 20, 21 of the Law on Urban Planning 2009;

- Copy of decision on approval for planning objectives;

- Copy of relevant legal documents;

- Draft decision on approval for planning: Point c, Clause 1, Article 34 of the Government’s Decree No. 37/2010/NĐ-CP dated April 07, 2010.

b. Documented explanations: seven sets

- Subject matters of the explanations are instructed in Clause 1, Article 12 of the Ministry of Construction’s Circular No. 10/2010/TT-BXD.

- Regulations on management according to detailed planning (accompanied by explanations): Clause 3, Article 35 of the Law on Urban Planning; outline of regulations on management according to planning project as instructed in the Ministry of Construction’s Circular No. 10/2010/TT-BXD; c. Drawings: seven sets;

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- Map of current conditions of landscape architecture and assessment of construction land, 1:500 scale;

- Map of current conditions of technical infrastructure system, 1:500 scale;

- Map of master site plan, 1:500 scale (agreed by the district’s People’s Committee);

- Map of arrangement of space, architecture and landscape;

- 1:500 scale map of property boundaries, construction boundaries and protection corridor of technical infrastructure services;

- 1:500 scale map of technical and environmental infrastructure system planning;

- 1:500 scale master map of technical lines, pipelines;

- 1:500 scale map of strategic environment assessment;

It is necessary to combine topograhic maps and cadastral maps for the following maps: current conditions of landscape architecture and assessment of construction land; current conditions of technical infrastructure system; master site plan; property boundaries, construction boundaries, protection corridor of technical infrastructure services; planning of technical and environmental infrastructure system;

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Documentation of terrain survey (the ratios accord with detailed planning) on coordinate system VN2000, meridian axis 107^o45' with confirmations by boundary maker management agency.

2. CD discs containing explanations of the project, the statement, draft decision (in the form of PDF or doc. files), drawings, and terrain survey result (AutoCAD): three discs.

APPENDIX 2C

DRAWINGS FOR EXAMINATION, VERIFICATION AND APPROVAL FOR INDIVIDUAL URBAN DESIGN PROJECT

1. Documentation components and drawings:

a. Documents and relevant records: three sets

- A written statement for approval prepared by the investor;

- Copy of the planning consultant’s certificate of business registration, copy of the planning project manager’s practice certificate;

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- Copy of decision on approval for planning objectives;

- Copy of relevant legal documents;

- Draft decision on approval for planning;

b. Documented explanations: five sets

- Subject matters of the explanations according to the Law on Urban Planning 2009;

- Regulations on management according to individual urban design project (accompanied by explanations); Regulations on management according to detailed planning project as prescribed in Clause 4, Article 35 of the Law on Urban Planning; Outline of regulations on management according to planning project as instructed in the Ministry of Construction’s Circular No. 10/2010/TT-BXD.

c. Drawings: five sets;

- Map of position, relationship between designed area and the urban and surrounding area;

- Map of area development history;

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- Map of ideas of special purpose zoning and space arrangement;

- Guiding drawings of urban engineering and model engineering for each area;

- 1:500 scale map of property boundaries, construction boundaries and protection corridor of technical infrastructure services;

d. Documentation of terrain survey: two sets

Documentation of terrain survey (the ratios accord with detailed planning) on coordinate system VN2000, meridian axis 107^o45' with confirmations by boundary maker management agency.

2. CD discs containing explanations of the project, the statement, draft decision (in the form of PDF or doc. files), drawings, and terrain survey result (AutoCAD): three discs.

APPENDIX 3

DRAWINGS FOR EXAMINATION, VERIFICATION AND APPROVAL FOR MASTER SITE PLAN, ARCHITECTURAL PLAN

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a. Documents and relevant records: three sets

- A written statement for approval prepared by the investor;

- Copy of the planning consultant’s certificate of business registration, copy of the planning project manager’s practice certificate;

- Copy of relevant legal documents;

b. Explanations of feasibility study accompanied by fundamental design: three sets

c. Drawings: seven sets;

- Drawing of land parcel boundaries (ratios from 1:100 to 1:500) represented in the zoning plan or general construction planning;

- Drawing of master site plan (ratios from 1:100 to 1:500);

- Drawings of technical infrastructure system inside and plan for connection with outside infrastructural system;

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Documentation of terrain survey (ratios 1:100 to 1:500) on coordinate system VN2000, meridian axis 107^o45' with confirmations by boundary maker management agency.

2. CD discs containing explanations of the project, the statement, draft decision (in the form of PDF or doc. files), drawings, and terrain survey result (AutoCAD): three discs.

APPENDIX 4

DOCUMENTATION OF CONTRIBUTION OF SUGGESTIONS ON FUNDAMENTAL DESIGN

1. The investor’s written proposal for participating in the contribution of suggestions on fundamental design;

2. Reports on result of geological and terrain surveys;

3. Copy of decision on approval for detailed construction planning accompanied by drawing of land use planning (for projects subject to detailed planning);

4. Copy of the surveying and engineering contractors’ business registration certificate, the surveying and engineering manager’s practice certificate;

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6. Explanations of fundamental design;

7. Drawings of fundamental design;

8. Agreement for connection of infrastructure with infrastructure management entity (if any);

9. Records of engineering and survey inspection made by the investor;

10. Legal documents relating to investment project, environmental protection, fire and explosion prevention and fighting, land use rights;

* Quantity of documentation: two sets

APPENDIX 5

DOCUMENTATION OF REGISTRATION FOR INVESTMENT AND ISSUANCE OF INVESTMENT CERTIFICATE

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2. A written approval for investment policies and construction sites issued by the province's People’s Committee (or by the Economic Zone Management Board with respect to projects within competence);

3. Decision on approval for detailed planning (or master site plan of construction works)

4. The investor’s financial report of two most recent years and a written commitment to finance for project implementation;

5. The investor’s investment decision and written record of working on project investment;

6. Documentation of investment project (explanations of feasibility study, fundamental design, and total investment capital) of which the following information must be specified: objectives, scale, construction site, total investment capital, investment phasing, project implementation progress, demand for land use; technological and environmental solutions; fashion of project management and operation;

For projects of conditional investment, it is required to make supplements to the explanations of financial capability as prescribed in Article 29 of the Law on Investment, and Appendix C enclosed with the Decree No. 108/2006);

7. Written confirmation of the investor’s legal capacity;

+ If the investor is an organization, it is required to provide an authenticated copy of either of the following papers: establishment decision, certificate of business registration, investment certificate or equivalent papers...

+ If the investor is an individual, it is required to provide an authenticated copy of either of the following papers: passport (an authenticated translation into Vietnamese must be provided in case the investor is a foreigner), ID card or any unexpired legal personal   papers...

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9. Other papers relating to construction site and land parcel (if any);

10. Contract for business cooperation with respect to investment in the form of business cooperation (if any)

11. In case the investment project is linked to the establishment of an economic organization, in addition to the documentation as prescribed above, the investor must provide:

a. Business registration documents corresponding to each type of enterprise according to law provisions on enterprises and relevant law provisions;

b. Joint-venture agreement (with respect to investment linked to the establishment of a joint-venture organization between domestic investor and foreign investor).

- In case the investment project is linked to the establishment of an economic organization, in addition to the documentation as prescribed above, the investor must provide business registration documentation corresponding to each type of enterprise.

- Joint-venture agreement (with respect to the establishment of a joint-venture organization between domestic investor and foreign investor).

12. In case an investment project in the form of joint-venture uses state capital, it is required to provide a written approval for use of state capital issued by competent agencies;

13. Other documents relating to the investment project (if any)

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Quyết định 2777/2013/QĐ-UBND về trình tự, thủ tục đầu tư trực tiếp tại khu công nghiệp, khu kinh tế trên địa bàn tỉnh Quảng Ninh