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Procedures and steps to invest in industrial parks in Vietnam

RSL Group – With many natural advantages and increasingly modern infrastructure according to the Government’s development policy, industrial parks in Vietnam are currently attracting a lot of attention from investors in and abroad. In order to create conditions for businesses to invest in production and business, the article below will provide procedures and steps to invest in industrial parks.

Depending on the needs of the infrastructure investor, each industrial park will develop investment procedures and appropriate time for each step. In general, the procedure for investing in industrial parks will include the following 9 detailed steps:

Procedures and steps to invest in industrial parks in Vietnam

Step 1: Choose a suitable plot location

Investors will be guided to learn information about industrial park planning, legal policies, and land rental prices… After being provided with relevant documents, investors will conduct field surveys, Then reach an agreement with the Industrial Park Infrastructure Development Company (hereinafter referred to as the Industrial Park Infrastructure investor) on the location chosen to implement the investment project, the expected land area to be rented and the location. The land plot is based on the approved planning to implement the project.

Step 2: Sign the land sublease principle agreement

The investor signs a preliminary land lease contract, also known as MOU, with the investor and deposits a deposit. A principal land sublease contract usually includes main contents such as land lot information; rental term; progress of work implementation and execution; rent; deposits; Land rent and payment schedule…

The deposit usually accounts for at least 10% of the rent. For full legal projects ready for handover, the deposit can be up to 20%.

Step 3: Complete procedures for issuing IRC, ERC, seals and other licenses

3.1. Investment Registration Certificate (IRC)

The receiving agency: Industrial Park Management Board receives documents through the Public Administration Center
Time limit: No more than 05 working days from the date of receiving the written decision on investment policy

3.2. Enterprise Registration Certificate (ERC)

After being granted an Investment Registration Certificate according to regulations, foreign investors carry out procedures to establish a business at the business registration office of the Department of Planning and Investment or establish another economic organization in Vietnam. competent authority within 30 working days from the date of issuance of the Investment Registration Certificate.

3.3. Other procedures

Some other tasks after investors are granted IRC and ERC can be mentioned as follows:

  • Engrave the seal, register the seal sample (if any) and notify the use of the seal sample according to the provisions of law;
  • Open a bank account and carry out notification procedures according to legal regulations;
  • Apply for a Work Permit for foreigners; Register immigration and residence procedures… for foreigners (for businesses wishing to employ foreign workers); Registering trademarks; Declare license tax…

Procedures and steps to invest in industrial parks in Vietnam RSL Group 2
Procedures and steps to invest in industrial parks in Vietnam 3

Step 4: Sign a land lease contract to sublease land and infrastructure

After being granted the necessary licenses mentioned above, the investor will sign an official land sublease contract with the industrial park infrastructure investor. Before signing, the two parties will agree in more detail and specifically to confirm the payment terms and schedule, the official handover time of the premises, and the handover time of the Land Use Rights Certificate to the investor. investors when going into operation…

Step 5: Official handover of land plot

After the signing of the contract between the two parties is completed, the investor is responsible for completing the necessary cadastral procedures and documents for subleasing the land and handing over the premises to the investor. Investors need to complete payments according to the contract schedule and conduct construction preparation activities on the land plot according to the provisions of law and contract.

6.1. Environmental impact assessment (EIA)

The decision to approve the EIA is the basis for the competent authority to issue a construction permit for the investor’s project.

  • The receiving agency: Department of Natural Resources and Environment
  • Time limit: No more than 30 working days from the date of receipt of complete and valid documents.

In Clause 1, Article 32 of the Law on Environmental Protection 2020, there are regulations on 10 main contents in the EIA report, including important contents that investors need to pay attention to such as the origin of investment project, project owner invest; The project’s compatibility with the Provincial Planning; Evaluate the choice of technology, construction items and project activities that have the potential to negatively impact the environment; Identify, evaluate and forecast the main environmental impacts, waste generated according to project phases on the environment, scale and nature of waste; Works and measures for collecting, storing and treating waste…

6.2. Acceptance of fire protection system (fire protection)

Fire protection acceptance is the investor’s inspection of industrial park infrastructure before putting into use projects and works with special requirements to ensure fire safety and fire prevention that have been approved for fire protection. Within 03 working days from the date of approval of the acceptance record, if it meets the requirements, the Fire Prevention and Rescue Police Department will issue an acceptance document on fire protection.

For investor factory projects, this is called the outer ring fire protection system. Accordingly, industrial parks must be equipped with outdoor fire protection equipment such as outdoor fire poles, fire extinguishers, fire equipment containers, etc. The contents of fire protection that industrial parks must ensure when making construction planning are regulated. specified in Article 10 of Decree 136/2020/ND-CP.

6.3 Infrastructure connection agreement

The investor will negotiate water supply, drainage, and electricity with the industrial park infrastructure investor to make an agreement or contact the Industrial Park Management Board for instructions on implementing the agreement on water supply and drainage. , power supply.

Competent units guide, review and approve technical infrastructure connection procedures within 10 working days from the date of receiving the investor’s request.

Step 7: Complete detailed planning/general site planning, construction design, construction permit

7.1. Detailed planning/ overall site planning

Investors prepare detailed construction plans at a scale of 1/500 for construction investment projects using land with an area of 05 hectares or more. For construction investment projects using land with an area of less than 05 hectares, investors can prepare a general site plan without having to prepare a detailed construction plan at a scale of 1/500.

  • The receiving agency: Department of Construction
  • Time limit: No more than 25 working days from the date of receipt of valid documents

Procedures and steps to invest in industrial parks in Vietnam RSL Group 4
Procedures and steps to invest in industrial parks in Vietnam 4

7.2. Appraisal of construction design

  • Receiving agency: Industrial Park Management Board
  • Time limit: The time for appraising technical designs and construction drawing designs for level II and III works is no more than 20 working days; for level IV works no more than 15 working days from the date of receipt of complete and valid documents.

7.3. Construction Permit

Before starting construction on the project site, investors must carry out procedures for applying for a construction permit.

  • The receiving agency: Industrial Park Management Board.
  • Time limit: No more than 15 working days from the date of receipt of complete and valid documents.

Step 8: Receive land use rights certificate, complete investment incentive procedures

8.1. Certificates of land use rights

Investors are granted a Land Use Rights Certificate after completing financial obligations. Specifically, the industrial park investor will submit an application for a Land Use Rights Certificate to the investor to the Department of Natural Resources and Environment. After the dossier is received and processed, the investor receives the results at the Department of Natural Resources and Environment and awards the Land Use Rights Certificate to the investor.

  • The receiving agency: Department of Natural Resources and Environment
  • Time limit: No more than 15 working days from the date of receipt of complete and valid documents

8.2. Investment incentives

Investment incentives on corporate income tax, import and export tax; Incentives on exemption and reduction of land rent, land use fees and other investment incentives according to Government regulations are implemented at the same time during the appraisal and approval process of investment policies, implemented by investors. procedures according to regulations at tax authorities, customs authorities and competent agencies to enjoy investment incentives.

For investment incentives and support from the province, investors need to submit documents to the Department of Planning and Investment. No more than processing time is no more than 16 working days from the date of receipt of valid documents.

Step 9: Deploy factory construction

After completing all investment procedures in the industrial park, investors can use the technical infrastructure in the industrial park to build factories and organize production and business. The Industrial Park investor provides connection points to the investor’s land plot for clean water supply, rainwater drainage, wastewater collection, and electricity supply… as previously agreed with the investor.

After the factory’s construction is completed, the investor himself organizes the acceptance of the completed project, the construction items must be accepted for fire prevention and fighting and confirmation of completion of the environmental protection project.

Legal grounds:

    • Land Law 2013
    • Construction Law 2014
    • Investment Law 2020
    • Law on Environmental Protection 2020
  • Enterprise Law 2020
  • Law on Fire Prevention and Fighting 2013
  • Circular 15/2016TT-BXD
  • Decree accompanying the implementation of the Law such as Decree 43/2014/ND-CP, Decree 118/2015/ND-CP, Decree 79/2014/ND-CP

Above RSL Group has provided readers with useful information about procedures and steps to invest in industrial parks in Vietnam. If you have any questions, please contact our hotline immediately for answers. See more articles here.

Source: Redsunland.vn