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Investment procedures
Step I. SUBMIT PLANNING INFORMATION OR THE PLANNING CONCEPT PROPOSAL
1. Requirements and principles
- The People's Committee of Quang Ninh encourages domestic and foreign organizations and individuals to provide financial or in-kind donations for the purposes of detail construction planning and project implementation in accordance with the provisions of Article 19 of the Construction Law No. 50/2014/QH13 dated June 18, 2014, Article 12 of the Law on Urban Planning No. 30/2009/QH12 dated June 17, 2009 and relevant legislative provisions.
- The donor shall do their own research and prepare the planning, which after approval, the People's Committee of Quang Ninh has full discretion to use and manage. The donor shall not be reimbursed. The selection of investors to implement the project complies with prevailing provisions of law on investment, bidding, and land.
2. Order of execution
2.1. Providing planning information
(1) Interested investors seek guidance from Quang Ninh’s Investment Promotion Agency (IPA) at the Provincial Public Administration Service Center in person (or in writing); present their approved socio-economic development planning, construction planning, and/or land use planning, the annual list of projects calling for investment of the province, and others as relevant to the steps and procedures of investment before proceeding to the next steps.
(2) For areas with construction plans of scale 1/2000 or 1/500 already approved: see Section 3 Chapter II (Investor Selection).
2.2. Introduction of construction investment locations
With respect to areas whose approved construction planning is yet to be in place or whose construction and urban planning (general planning, zoning planning, etc.) is in place but requires adjustments to match actual development requirements: introduce construction investment locations for study and planning, report to the Provincial People's Committee for consideration and approval.
2.2.1 Order of execution:
(1) Proposing unit: Prepare valid documents according to regulations and submit them at the Application-Receiving Department of the Investment Promotion Agency at the Provincial Public Administration Service Center.
(2) The Investment Promotion Agency (IPA) shall lead and guide procedures, receive documents, and consult relevant departments, branches and localities on the location proposed by the Investor. Mr. Chairman of the Provincial People's Committee, Head of the IPA chaired a meeting with relevant departments, branches and localities every Thursday on the basis of the IPA's proposal to unanimously submit to the Provincial People's Committee (if it is appropriate and meets the regulations of the Government) or deliver the IPA with a written reply directly to the proposer (if not suitable).
(3) Provincial People's Committee promulgates a document to introduce the study site for detailed construction planning; in which the district-level People's Committee is assigned to organize the formulation (using the local budget or receiving product sponsorship from organizations and units).
2.2.1. Dossier components:
- The investor's written request for introduce construction investment locations for study and detailed planning of construction projects approval of the project site (see the form provided by IPA at the Provincial Public Administration Service Center), which includes financial or in-kind commitment to project detail planning.
- Preliminary explanation of the planning concept (see the form provided by IPA at the Provincial Public Administration Service Center), including: proposed unit information; location, boundary, area and current status of the site; conformity with construction planning and sectoral planning, land use planning; objectives, targets and requirement of land use expected plans on arrangement of construction items and works as well as connection of traffic and technical infrastructure, etc.; calculation of land use scale and investment scale on the basis of regulations, standards and actual requirements, and planning progress; estimation of the total capital expenditure, preliminary content on assessment of socio-economic efficiency and preliminary environmental impact assessment.
- A notarized copy of the business registration certificate.
- A map of the site produced by the investor on an A3-sized paper shown on the background of the current map or extracted from the approved planning map of scale 1/2,000 or 1/5,000, including preliminary site boundary and VN-2000 coordinates (see the form provided by IPA at the Provincial Public Administration Service Center).
- Competency profile: Relevant professional experience to the proposed project; Financial capacity to do research and implement the project (financial statements in the last two years (if any) and other documented proof of financial capacity); the investor's credit relationships up to the point of project submission.
* Dossier quantity: 06 sets (including 02 original, but 06 original project site maps) + 01 USB flash drive containing all contents and components of the dossier. It is recommended to provide 02 additional sets as backup in case appraisal must be sought from other relevant authorities.
2.2.2. Processing time:
+ For locations identified in detailed construction planning of 1/2000 scale or detailed construction planning 1/500 of urban areas, tourist areas approved by competent authorities or located In the list of projects calling for investment in the province, IPA will coordinate with sectors and local People's Committees to review relevant plans and projects in the area to introduce locations to investors. Time 09 working days from the date of receiving the Investor's proposal.
+ For places where there is no approved detailed construction planning, the field survey must be carried out and submitted to the Provincial People's Committee for decision according to the working regulations, the time mentioned above does not apply.
(For the above projects, the Investment Promotion Agency will reply in writing to the contents with sufficient legal basis within 9 working days, and guide and recommend organizations (individuals) proactively coordinate, provide relevant documents and carry out communication procedures with departments and localities; after receiving documents supplementing opinions from departments and having sufficient grounds, IPA will report The Provincial People's Committee considers to have a document introducing the construction investment research location).
2.2.3. Dossier intake location:
- IPA at the Provincial Public Administration Service Center.
- Booth of Quang Ninh Economic Zone Authority at the Provincial Public Administration Service Center.
2.2.4. Appraisers:
- IPA: For projects located outside economic zones and industrial zones.
- Quang Ninh Economic Zone Authority: For projects located inside economic zones and industrial zones (except for Van Don Economic Zone)
Step II. FORMULATE, APPRAISE AND APPROVE THE CONSTRUCTION PLANNING
1. In case the investor provides a financial donation for the planning: the district People's Committee (or the unit assigned by the provincial People's Committee) shall follow the order of construction planning formulation, appraisal and approval prescribed in Article 20 of the Law on Construction No. 50/2014/QH13.
2. In case the investor provides an in-kind donation for the planning:
Based on what has been approved by the Provincial People's Committee in the planning concept proposal, the investor shall follow the order of construction planning prescribed in Article 20 of the Law on Construction No. 50/2014/QH13 as follows:
(1) Make a list of construction planning tasks and submit it to the district People's Committee (or the unit assigned by the provincial People's Committee) for appraisal and approval;
(2) Conduct field surveys and collect maps, materials and data on natural conditions, socio-economic status quo, socio-economic development master plans, and relevant sectoral development master plans needed for construction planning;
(3) Develop the construction planning and submit it to the district People's Committee (or the unit assigned by the provincial People's Committee) for appraisal and approval;
2.1 Dossier components: See the standardized administrative procedures governed by the Department of Construction and the Economic Zone Authority, which has been declared effective by the People's Committee of Quang Ninh for reference.
2.2. Dossier intake location: Based on the written approval of the Provincial People's Committee, the investor shall submit the dossier to the unit assigned to assume the prime responsibility for planning approval.
2.3. Appraisers:
- Department of Construction or district People's Committee: For projects located outside economic zones and industrial zones
- Quang Ninh Economic Zone Authority: For projects located inside economic zones and industrial zones.
Step III. INVESTOR SELECTION, ISSUANCE, ADJUSTMENT AND REVOCATION OF INVESTMENT REGISTRATION CERTIFICATES
Investors are selected through:
a) Land use right auction per provisions of law on land;
b) Bidding per provisions of law on bidding; or
c) Direct approval per Clauses 3 and 4 Article 29 of the Law on Investment 2020.
2. Investor selection per Points a and b in Clause 1, Article 29 of the Law on Investment in 2020
shall be conducted after the policy of investing in the project is approval, unless such approval is not required for the project.
3. If a land use right auction is held with only one bidder or is unsuccessful per provisions of law on land, or if a call for tenders is launched with only one bidder per provisions of law on bidding, the competent authority shall proceed with the procedures to directly approve the sole investor who satisfies the requirements of relevant laws.
4. For an investment project whose investment policy must be approved in advance, the competent authority shall directly approve an investor without holding a land use right auction or launching a call for bids if:
a) The investor is in possession of land use rights, unless the State expropriates such land for national defense and security purposes or for socio-economic development in the national or public interest per provisions of law on land;
b) The investor receives agricultural land use rights as a transferee, as a stake or as a lessee to execute a non-agricultural investment project and the land is not subject to land expropriation by the State per provisions of law on land;
c) The investor executes an investment project in an industrial park or hi-tech zone;
d) The investor is otherwise not subject to an auction or bidding as prescribed by law.
Step IV. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) REPORT
1. EIA report formulation
a. The subjects to formulate EIA reports per the provisions of Clause 1, Article 18 of the Law on Environmental Protection 2014 and Clause 1, Article 12 of Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government are amended and supplemented in Point 3, Section I, which is issued together with Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection. This list includes 107 projects subject to environmental impact assessment.
b. The environmental impact assessment must be conducted during the project preparation phase as prescribed in Clause 2, Article 19 of the Law on Environmental Protection 2014 and Clause 2, Article 14 of Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government, which is amended and supplemented in Clause 5, Article I of Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection.
2. Dossier components
- Components of the dossier for appraisal of the EIA report are prescribed in Clause 8, Article 14 of Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government, which is amended and supplemented in Clause 5, Article I of Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection.
- The time limit for completion of the EIA report at the request of the appraisal agency and the application for approval are prescribed in Clause 10, Article 14 of Decree No. 18/2015/ND-CP dated February 14, 2015 of the Government, which is amended and supplemented in Clause 5, Article I of Decree No. 40/2019/ND-CP dated May 13, 2019 of the Government amending and supplementing a number of articles of the decrees detailing and guiding the implementation of the Law on Environmental Protection.
3. Responsibilities and time limit for settlement
a. Order of settlement:
- The project owner shall submit the application for appraisal and approval of the EIA report of the project under the appraisal and approval competence of the Provincial People's Committee and receive the appointment slip at the Provincial Public Administration Service Center, or be guided to supplement the application (if it is invalid).
- The project owner shall directly pay the fee for appraisal of the EIA report at the Provincial Public Administration Service Center according to the notice.
b. Time limit for settlement: 25-27 days from the date of receipt of the valid application.
4. Competence for appraisal
The Provincial People's Committee (or units authorized by the Provincial People's Committee) shall organize the appraisal and approval of EIA reports of investment projects in their localities (projects under the province's investment approval competence), except for projects under the competence of ministries and ministerial-level agencies.
Step V. PROJECT FORMULATION, APPRAISAL AND APPROVAL; APPRAISAL OF BASIC DESIGN>
1. Development of construction investment project
According to the written approval of the investment guidelines, the decision on approving the investor selection result, and the approved detailed planning, investors shall set up construction investment projects. Contents of the construction investment projects must conform to the requirements of each type of project, the provisions of Article 54 of the Law on Construction No. 50/2014/QH13, and Clause 12, Article 1 of the Law amending and supplementing a number of articles of the Law on Construction No. 62/2020/QH14.
2. Basic design
The basic design shall be formulated to achieve the project's objectives, be suitable for the construction works of the project, and ensure the consistency between the works in operation. The basic design shall consist of explanations and drawings showing the following contents:
+ Construction location, direction and route of the construction works, the list, scale, type, and grade of the construction works in the total construction area;
+ Selected technology, technique, and equipment options (if any);
+ Solutions for architecture, construction site, cross and vertical sections of the works, dimensions, and main structure of the construction works;
+ Solutions for construction, primary materials, construction cost estimates for each project;
+ Plan for connecting technical infrastructure inside and outside of the works and solutio solutions for fire and explosion prevention and fighting;
+ Technical standards and codes to be applied and construction survey results to establish the basic design.
3. Appraisal of the construction investment feasibility study report of specialized construction agencies
Applicable to large-scale projects prescribed in Clause 8, Article 3 of Decree No. 15/2021/ND-CP and projects with works that greatly affect the safety and interests of the community prescribed in Appendix X promulgated together with Decree No. 15/2021/ND-CP dated March 03, 2021 of the Government.
- Components of the dossier for appraisal: see the instructions on the dossier components and administrative procedures related to specialized construction works announced by the People's Committee of Quang Ninh province.
- Place of receipt of dossiers: Dossier receipt division of the departments managing specialized construction works and the Provincial Public Administration Service Center.
- Process and duration for processing dossiers: The investor shall submit the dossier and receive the appointment slip at the Provincial Public Administration Service Center (if the dossier is valid) or be guided to supplement the dossier (if it is invalid).
- Appraisal time:
+ Basic design of group B projects: No more than 10 working days.
+ Basic design of group C projects: No more than 08 working days.
(The classification of construction investment projects into Group A, Group B, and Group C observes the criteria prescribed by law on public investment).
4. Project approval and construction investment decision
Per the provisions of Article 18 of Decree No. 15/2021/ND-CP dated March 03, 2021 of the Government.
5. Appraisal of design implemented after basic design by specialized construction agencies
Applicable to construction works of projects using non-public investment state capital classified as group B or above, projects with works that greatly affect the safety and interests, of the community and works under other capital-funded projects with works that greatly affect the safety and interests of the community and are built in areas without urban planning, functional area construction planning, or detailed planning on construction of rural residential quarters.
- Competence to appraise the implementation design after the basic design shall comply with Article 36 of Decree No. 15/2021/ND-CP dated March 03, 2021 of the Government and prevailing regulations of the Provincial People's Committee.
- Components of the dossier submitted for design appraisal and implementation cost estimates after basic design: see the instructions on dossier components and administrative procedures in the field of Construction announced by the People's Committee of Quang Ninh province.
- Order of and duration for processing dossiers
+ The investor shall submit the dossier and receive an appointment slip at the Provincial Public Administration Service Center (if the dossier is valid) or be guided to supplement the dossier (if it is invalid).
+ Appraisal time: No more than 13 working days.
6. Issuance of a construction permit
6.1. Works which a construction permit is required and not required:
- Before starting work construction, the investor must obtain a construction permit issued by a competent state agency as prescribed in the Law on Construction, except for the following cases.
- Cases of exemption from construction permits are specified in Clause 30, Article 1 of Law No. 62/2020/QH14 amending and supplementing a number of articles of the Construction Law:
6.2. Regulations on granting construction permits
- The issuance of construction permits shall comply with the provisions of the Law on Construction No. 50/2014/QH13, the Law amending and supplementing a number of articles of the Law on Construction No. 62/2020/QH14, Chapter IV of Decree No. 15/2021/ND-CP dated March 03, 2021 of the Government, and prevailing regulations on issuance of construction permits of the People's Committee of Quang Ninh province.
- The time for issuing a contruction permit shall not exceed 08 working days
Step VI. ALLOCATION, LEASE, AND RECOVERY OF LAND; ISSUANCE OF OF CERTIFICATE OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND LAND-ATTACHED ASSETS
1. Order of and procedures for land allocation or land lease without land use right auction; land repurposing
- The investor shall formulate a dossier as prescribed and submit it to the Natural Resources and Environment division of the Provincial Public Administration Service Center. In the case of compensation for site clearance, the site clearance, resettlement, and land recovery must be completed.
- The dossier components, time limit for settlement, fees, and charges shall observe the standardized administrative procedures under the management competence of the Natural Resources and Environment division and announced by the People's Committee of Quang Ninh Province to be effective.
2. Order of and procedures for land allocation and land lease through land use right auction
Per the provisions of Clause 5, Article 68 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government.
3. Order of and time for issuance of certificates of land use rights and ownership of houses and other land-attached assets
The order of and time for granting certificates of land use rights and ownership of houses and other land-attached assets shall comply with the set of administrative procedures prescribed by the Provincial People's Committee.
4. Compensation, support and resettlement
- The order of and procedures for compensation, support, and resettlement shall comply with the provisions of the Law on Land 2013 and guiding documents.
- The duration for site clearance is from the date of receiving the notice of recovery of land to the date the district-level People's Committee issues a written certification of completion of the site clearance to implement procedures for land allocation and land lease:
+ For projects with only agricultural land to be recovered: The duration shall not exceed 09 months.
+ For projects with the recovery of non-agricultural land: The duration shall not exceed 12 months; in the case resettlement is required, the duration shall not exceed 18 months.
- The investor, based on the project’s progress and project implementation time per the decision on approving the project investment, shall coordinate with the People's Committee of the district where the land is recovered to formulate a plan for site clearance.
