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Wednesday, October 18 2017
Tiếng Việt
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Date 07/08/2011-15:09:00 PM
Question: We are a multinational company operating in different fields. We are interested in investing in BOT infrastructure projects. May we know which governmental organizations are responsible for receiving and granting investment certificates for BOT projects?
Answer:
1. The Board of Management
The board of management of industrial zones (IZs), export processing zones (EPZs), high-tech zones (HTZs), and economic zones (EZs) are responsible for licensing foreign investments within their zones.
2. BOT projects are licensed by the Ministry of Planning and Investment
3. The Provincial People’s Committee is responsible for all other foreign investments.
Licensing applications shall be submitted to these bodies, who will consult with other relevant governmental authorities (where so required) before issuing final approval.
4. The Prime Minister will approve the following investment projects:
a. The following investment projects, irrespective of the source of investment capital and scale of investment:
- Construction and commercial operation of airports; air transportation;
- Construction and commercial operation of national sea ports;
- Exploration, mining and processing of petroleum; exploration and mining of minerals;
- Radio and television broadcasting;
- Commercial operation of casinos;
- Production of cigarettes;
- Establishment of university training establishment;
- Establishment of IZs, EPZs, HTZs and EZs.
b. The following investment projects, irrespective of the source of investment capital but with a total invested capital of VND 1,500 billion or more in the following sectors:
- Business in electricity, processing of minerals, metallurgy;
- Construction of railway, road and internal waterway infrastructure; and
- Production and business of alcohol, beer;
c. The following projects with foreign-invested capital in the following sectors:
- Commercial operation of sea transportation;
- Construction of networks for and supply of postal and delivery, telecommunications and internet services, construction of wave transmission networksPrinting and distributing newspapers and printed matter, publishing;
- Establishment of independent scientific research establishments.
In cases where the investment projects stipulated above are included in the master plan approved by the Prime Minister (or by an entity authorized by him) and satisfy the conditions in accordance with the laws of Viet Nam and international treaties to which Việt Nam is a member, the Licensing Authority will issue an investment certificate to the investor without making a submission to the Prime Minister for deciding an investment policy.
In cases where the investment projects stipulated above are not included in the master plan approved by the Prime Minister (or by an entity authorized by hime) or do not satisfy conditions in international treaties to which Việt Nam is a member, the Licensing Authority will obtain opinions from the relevant Ministries, MPI and other relevant bodies in order to collate and submit them to the Prime Minister for his decision on investment policy.
In cases where the investment projects stipulated above are in a sector for which there is no master plan yet, the Licensing Authority will obtain opinions from the relevant Ministries, MPI and other relevant bodies in order to collate and submit them to the Prime Minister for his decision on investment policy./.

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