Skip navigation links
Cooperation investment
Order, procedure of investment
On mechanisms, policy to attract investment in socialization
Potential and oppotunities
Preferential policy
Support to lease, purchase land
Tax reduction policy
Support career trainning
Preferences depend on project
Industrial complex
Dai Lao industrial complex
Duc Pho industrial complex
Da Teh industrial complex
Ha Lam industrial complex
Loc Tien industrial complex
Gia Hiep industrial complex
Ka Do industrial complex
Tan Phu industrial zone
sadfasEnglish > Investors > Cooperation investment > Order, procedure of investment (Part 1)
Order, procedure of investment (Part 1) 

CHAPTER I. GENERAL PROVISION

Article 1: The scope and subject to be applied

1. This Decision concretizes the Central Regulations on investment management and execution of investment projects In Lam Dong Province, which do not use the State budget.

This Decision stipulates the policies on investment attraction and the orientation of investment in each field; regulations on procedures order: investment preparation, investment implementation and concrete assignment of the state bodies to handle this Decision.

2. These regulations and other legal current regulations on investment will be applied for the case domestic and foreign organizations and individuals carry out the investment projects in Lam Dong Province in unforbid production and business field, which do not use the State budget.

3. The Central regulations will be applied for cases of modification, adjustment and addition to policies, regulations and procedures which are promulgated by the Government. Prime Minister, Central Ministries and branches are different from these regulations.

CHAPTER II. PROCEDURES FOR INVESTMENT PREPARATION
Section 1. ARRANGEMENT OF INVESTMENT LOCATION

Article 2: Arrangement of location to set up the investment procedures

1. For projects which need arrangement of investment location:

a. Written arrangement of investment location certified by the competent State authorities is only required for investment projects which use public land and public properties (except projects which invest in industrial zone) and investment projects which are carried out in state leased land but of which the land use purpose (according to certificate of the right to use land) is not respected the investment mark.

b. Projects as stipulated in Article 37, Decree No 108/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of some Articles of Investment Law (hereafter called Decree No 108/2006/ND- CP).

c. Written arrangement of investment location stipulated in this Article will replace document of project agreement according to regulations of Investment Law, document of project agreement of the manager who uses land according to the regulations of Land Law and approval on investment policies of the appropriate authorities.

2. Competence for arrangement of investment location:

a. The Prime Minister accepts investment policy in projects as stipulated in Article 37, Decree No 108/2006/NB-CP.

b. Provincial People's Committee:

- Requests the Prime Minister to accept investment policy in projects as stipulated in Article 37, Decree No 108/2006/ND-CP.

- Arranges investment location for project of which the total investment capital is more than 50 milliard dongs in Da Lat City, Bao Loc Town, Due Trong District, Bao Lam District and the project of which the total investment capital is more than 30 milliard dongs in other districts of the province.

- Investment projects with conditions are not required the fixed investment amount.

c. People’s Committee of districts, Bao Loc Town and Da Lat City (hereafter called People' Committee at district level):

- People's Committee of Da Lat City, Bao Loc Town, Due Trong District and Bao Lam District arrange investment location for projects of which the total investment capital is under 50 milliard dongs (except investment projects with conditions).

- People's Committee of other districts arranges investment location for projects of which the total investment capital is under 30 milliard dongs (except investment projects with conditions).

Written arrangement of investment location of People's Committee at district level should be submitted to the Provincial People's Committee and Service of Planning and Investment for control and guidance.

3. Application for arrangement of investment location:

a. Application for arrangement of investment location should fulfill the following contents:

- Name and address of business and individual;

- Investment field, investment aim and main product;

- Name of project, execution progress, activity duration of the project, estimate of total capital and capital source invested in the project;

- Plan of size and forms of investment;

- Plan of investment location and demand for land use; in which it is advisable to specify land used for production and land used for workshop and offices.

b. Document related to legal status of the investor (copies conformed):

- For business: Certificate of business registration or other legal equivalent documents.

- For individuals: Identity Card or passport

c. Other documents:

Land map (if the area of land registered for investment is under l0ha, the map land with ratio 1/2.000 will be sued, in case of over 10 ha, the land map with ratio of 1/10.000 will be used);

d. With regard to projects in building of residential quarter, new urban area and infrastructure of industrial zone: Apart from document as prescribed above at points a, b and c, the investor should provide documents to prove his financial capacity according to Article 5, Decree No: 153/2007/ND-CP dated October 15, 2007 of the Government detailing and guiding the implementation of Law on immovable business.

4. Document reception office:

- Projects under the competence of the Prime Minister or Provincial People's Committee will be submitted to Department of Planning and Investment.

- Projects under the competence of the People's Committee at district level will be submitted to document reception and result return office of People's Committee in the project area.

5. Resettlement duration: Within 15 working days counting from the day the legal documents are fully received (except the projects under the competence of the Government).

6. Procedures:

a. Projects under the competence of Provincial People's Committee:

- Department of Planning and Investment receives documents then performs the assessment, carries out field research or collects suggestions of branches and localities concerned, makes report and submits it to provincial People's Committee (through provincial People's Committee Office): 09 days.

- People's Committee Office submits the document to provincial People's Committee for approval and returns document to the Department of Planning and Investment: 05 days.

- Department of Planning and Investment returns result to the investor: 01 day.

b. Projects under the competence of the People's Committee at district level:

- Document reception office of People's Committee at district level receives document then passes it to Office of Finance and Planning: 01 day;

- Office of Finance and Planning performs the assessment, carries out field research or collects suggestions of branches and localities concerned, makes report to submit to People's Committee at district level then passes document to document reception office and returns the result: 09 days.

- Office of document reception and return result passes the document to People's Committee Office at district level for approval and returns result: 05 days.

7. Counting from the day written arrangement of investment location is signed; the investor has to present economic and technical report to the state appropriate authorities for certificate of investment within 12 months for hydroelectric project and within 06 months for other projects.

8. Order and procedures which are submitted to the Prime Minister for approval of investment policy in projects as stipulated in Article 37, Decree No 108/2006/ND-CP are carried out according to Article 11 of these regulations.

Section 2. INVESTMENT REGISTRATION, ISSUE OF INVESTMENT CERTIFICATE

Article 3: Bodies receive application and issue Investment Certificate

1. Ministry of Planning and Investment issue Investment Certificate for Project in forms of building-trade-transfer (BOT).

2. Provincial People's Committee issues Investment Certificate for Project outside industrial zone, export processing zone, advanced technological parks and economic area including investment projects as stipulated in Article 37, Decree No 108/2006/NB-CP of which the investment policy was approved by the Prime Minister. The document is submitted to Department of Planning and Investment.

3. Industrial parks management receives document and grants investment certificate for investment projects in industrial parks and infrastructure development of high industrial zone including investment projects mentioned in Article 37, Decree No 108/2006/ND-CP of which the investment policy was approved by the Prime Minister.

4. People's Committee at district level is authorized to receive application for investment registration of domestic projects which are not in the industrial zone and the investor does not apply for Investment Certificate. People's Committee at district level is not authorized to issue Investment Certificate.

Article 4: Domestic investment projects without investment registration

1. The investor does not have to do the investment registration for projects of which the investment capital is under 15 milliard Vietnam dongs and these projects are not under any conditions.

2. In case the investors mentioned in Item 1 of this Article want to be granted preferential certificate or Investment Certificate shall do the investment registration for investment certificate as prescribed in Article 5 of these regulations.

Article 5: Investment registration for domestic investment

1. The domestic investors should do the investment registration for domestic projects of which the investment capital is from 15 to under 300 milliard Vietnam dongs and which are in the following cases:

a. Projects are not under conditions as prescribed in Article 29 of Investment Law;

b. Projects are not mentioned in Item 1, Article 37, Decree No 108/2006/ND-CP.

2. Place of investment registration:

a. The investor does the investment registration at People's Committee at district level in investment area for projects which do not invest in the industrial parks or at industrial parks management for projects which invest in the industrial zone;

b. Document reception office should issue the quittance right after receiving application for investment registration; and at the same time, within 03 days counting from the day the quittance is issued, the document reception office undertakes responsibility to copy this quittance and passes it to the provincial People's Committee and Department of Planning and Investment.

3. In case the investors who want to be granted preferential certificate or Investment Certificate shall submit the investment document to Department of Planning and Investment for projects which do not invest in industrial zone or submit the investment document to the industrial zone management:

a. For projects of which the provincial People's Committee grants Investment Certificate: The duration to consider document is within 10 working days counting from days the legal document is fully received:

- Department of Planning and Investment receives and checks document then passes to the Provincial People's Committee for Investment Certificate (through the Provincial People's Committee Office): 06 days;

- The Provincial People's Committee Office passes the application to the Provincial People's Committee for Investment Certificate and returns document to Department of Planning and Investment: 03 days;

- Department of Planning and Investment returns result to the investor: 01 day

Within 07 working days counting from the day the Provincial People's Committee grants Investment Certificate, the Provincial People's Committee Office bears responsibility to copy this Investment Certificate and passes it to Ministry of Planning and Investment, Ministry of Finance, Ministry of Industry and Trade, Ministry of Resources and Environment, Ministry of the State bank of Vietnam, Ministries and Departments concerned and People's Committee at district level in the project area.

b. Industrial parks Management grants investment certificate within 15 working days counting from the day legal document is fully received. Within 07 working days, counting from the day the investment certificate is issued, industrial parks management bears responsibility to copy the investment certificate and send it to Ministry of Planning and Investment, Ministry of Finance, Ministry of Industry and Trade, Ministry of Resources and Environment, the State bank of Vietnam, Ministries and Departments concerned, the provincial People’s Committee, Department of Planning and Investment and People’s Committee at district level in the project area.

Article 6: Investment registration for foreign investment projects

1. For the foreign investment projects of which the investment is under 300 milliard Vietnam dongs and which is not in the investment lists under condition, the investor complete the procedures for registering investment at state management at provincial level for the issue Investment Certificate.

2. Document of investment registration includes:

a. Document of investment registration (available form);

b. Contract of business cooperation for investment with contract of business cooperation;

c. Report on financial capacity of the investor (the investor sets it up and takes all responsibility for its correctness);

3. In case investment project goes along with the establishment of economic organization, apart from document as prescribed in Item 2 of this Article, the investor should submit with the following documents:

a. Document of business registration for business;

b. Joint-Venture contract for investment kind to set up joint-venture economic organization between the domestic and foreign investors;

c. Tax registration and seal permission (in case of investor's demand);

4. Location, agency and time to issue investment certificate is based on Item 3, Article 5 of these regulations.

Article 7: Examining and verifying the investment projects of which the investment is more than 300 milliard Vietnam dongs and which are not under conditions:

1. Investment investigation includes:

a. Application for Investment Certificate;

b. Certificate of investor's legal status: Certified copy of establishment decision or certificate of business registration or equivalent document when the investor is an organization; certified copy of passport or identity card when the investor is an individual;

c. Report on financial capacity of the investor (the investor sets it up and takes all responsibility for its correctness);

d. Economic and technical report includes the following main contents: purpose, size, investment location, progress of the buildings, and demand for land use, technological and environmental solutions.

Building projects should be enclosed with plan drawing of the whole premises, main architectural purpose, and gland solution for gland building project (all drawing should be based on topographic map);

Projects which use forest land should be attached to map of forest actuality signed by the forest owner and land plan map of the investor.

e. Contract of business cooperation for investment with contract of business cooperation;

2. In case the procedures of investment and business registration are completed at the same time, apart from the documents as prescribed in Item I of this Article, the investor should submit the further documents as follows:

a. Document of business registration of each economic form according to the regulations of business law and other laws concerned;

b. Joint-venture contract for joint-venture economic business between domestic and foreign investors;

c. Tax registration and seal use (in case of investor's demand).

3. Verification content

a. According to: project of infrastructure technique composition, land use, building, survey, exploitation and processing of mineral and other natural resources.

For projects in the fields which has not project or has not been in the project yet, the issuer of investment certificate has to collect suggestion from the state competent management agencies concerned;

b. Demand for land: land area, land type and progress of land use;

c. Progress of buildings: progress of investment, building and purposes of projects;

d. Environmental solution: determining elements which exert influence on environment and solution according to regulations on environment.

Article 8: Examining and verifying the investment projects of which the investment is under 300 milliard Vietnam dongs and which are under conditions:

1. Investment investigation includes:

a. Documents stipulated at Items 2 and 3, Article 6 of these regulations.

b. Report on ability to satisfy requirements which are compulsory to the projects as prescribed in Article 29, Investment Law and appendix III promulgated in conjunction with Decree No 108/2006ND-CP.

2. Verification content

a. Verification of the ability to satisfy the requirements as stipulated by Investment law and other laws concerned;

The issuer of Investment Certificate asks Ministries and branches concerned to verify the ability to satisfy the requirements to execute the investment projects under the conditions as prescribed in Article 29, Investment Law and appendix II promulgated in conjunction with Decree No 108/2006/NB-CP.

In case the investment conditions promulgated by international treaty or law of which Vietnam is a member, the issuer of Investment Certificate decides to issue the Investment Certificate without collecting the suggestions of Ministries and branches concerned;

b. For domestic investment projects, if these projects answer investment conditions as prescribed by law, the issuer of Investment Certificate grants Investment Certificate according to the investment registration process as stipulated by Article 5 of these regulations.

Article 9: Examining and verifying the investment projects of which the investment is more than 300 milliard Vietnam dongs and which are under conditions:

1. Investment investigation includes:

a. Documents stipulated at Items 1 and 2, Article 7 of these regulations.

b. Report on ability to satisfy requirements for the investments in the fields under condition to participate in the market as prescribed in Article 29, Investment Law and appendix III promulgated in conjunction with Decree No 108/2006ND- CP.

2. Verification content is carried out according to Item 3 Article 7 and Item 2 Article 8 of these regulations.

Article 10: Issuing the Investment Certificate to the projects which use public land and public property

1. Projects which, belonging to the cases stipulated by Articles 4, 5, 6,7, 8 and 9 of these regulations, use public land and public property are granted Investment Certificate without requirements on size and investment to perform the next steps.

2. Document content of investment projects use public land and land of other owners with compensation for premises clearance.

The investor should prepare application for Investment Certificate with two separated parties about investment content and progress of building on public land and land with compensation for premises clearance.

The state shall carry out the premises clearance according to the progress of investment.

Article 11: Process of verifying investment project under the approval competence of the Prime Minister

1. Location of document reception and number of documents:

The investor should submits 10 exemplars of investment project of which at least 01 exemplar is the original.

- For project of which the provincial People's Committee issues Investment Certificate: Document is submitted to Department of Planning and Investment.

- For project of which the Industrial parks management issues Investment Certificate: Document is submitted to the Industrial parks management.

2. Process and duration to settle the document (only for duration to settle document at provincial agencies):

a. For project of which the provincial People's Committee issues Investment Certificate: 33 working days.

- Department of Planning and Investment receives the document, verifies the correctness of the document then passes it to ministries and branches concerned for suggestion: 03 days.

In case the document is not correct, Department of Planning and Investment informs the investor in writing for correction and addition: 02 days.

- After collecting suggestion from all ministries and branches concerned, Department of Planning and Investment gives advice to the provincial People's Committee (through the provincial People's Committee Office) to make report on verification then submits it to the Prime Minister for decision about investment policies: 18 days.

- The provincial People's Committee Office presents the document to the provincial People's Committee then submits it to the Prime Minister for approval of investment policies: 05 days.

- Department of Planning and Investment submits the document to the provincial People's Committee (through the provincial People's Committee Office) for the issue of the Investment Certificate after reaching the Prime Minister's approval: 03 days.

- The provincial People's Committee Office presents the document to the provincial People's Committee for issuing the Investment Certificate and returns document to Department of Planning and Investment: 03 days.

- Department of Planning and Investment returns result to the investor: 01 day.

Within 15 working days counting from the day the Investment Certificate is issued, Department of Planning and Investment passes the tax registration and permission to carve seal to the investor (in case of investor's demand).

b. For project of which the industrial zone management issues Investment Certificate: within 33 working days.

- The industrial zone management receives the document of the investment project, verifies the correctness of the document then passes it to services and branches concerned for suggestion; In case the document is not correct, the industrial zone management informs the investor in writing for correction and addition: 03 days;

- After collecting suggestion from all ministries and branches concerned, the industrial zone management makes report on verification then submits it to the Prime Minister for decision about investment policies: 25 days;

- After being informed about the approval of the Prime Minister, the industrial zone management issues Investment Certificate and returns the result to the investor.

Article 12: Process of verifying investment project in case of examination and verification for issuing Investment Certificate under the competence of the Provincial People’s Committee or industrial zone management

1. Location of document reception and number of documents:

- For project of which the provincial People's Committee issues Investment Certificate: Document is submitted to Department of Planning and Investment; the investor should submit 08 exemplars of investment project of which 01 exemplar is the original.

- For project of which the Industrial parks management issues Investment Certificate: Document is submitted to the Industrial parks management; the investor should submit 04 exemplars of investment project of which 01 exemplar is the original.

2. Process and duration to settle the document:

a. For project of which the provincial People's Committee issues Investment Certificate: within 33 working days.

- Department of Planning and Investment receives the document, verifies the correctness of the document then passes it to services and branches concerned for suggestion; in important case, it is possible to pass the document to ministries and branches concerned for suggestion: 03 days;

In case the document is not correct, Department of Planning and Investment informs the investor in writing for correction and addition: 02 days.

- Agencies are asked for suggestion should give written verification opinion and bear all responsibility for matters of the projects under its management function: 10 days, counting from the day Department of Planning and Investment sends document;

If the duration for suggestion is overdue without written verification opinion, it is considered that the agencies which are asked for suggestion agree to the projects.

- Department of Planning and Investment makes report on verification to submit to the provincial People's Committee (through the provincial People's Committee Office) for decision: 15 days, counting from the day the duration for suggestion of Services and branches concerned is overdue.

- The provincial People's Committee Office submits the application for Investment Certificate to the provincial People's Committee (or informs the investor in writing about the reason for which the project is not accepted) and returns the document to Department of Planning and Investment: 04 days, counting from the day receiving the report on verification from Department of Planning and Investment;

- Department of Planning and Investment returns result to the investor: 01 day.

- Within 15 working days counting from the day the Investment Certificate is issued, Department of Planning and Investment passes the tax registration and permission to carve seal to the investor (in case of investor's demand).

b. For project of which the industrial zone management issues Investment Certificate: within 28 working days.

- The industrial zone management receives the document of the investment project, verifies the correctness of the document then passes it to services, branches and local authorities concerned for suggestion; in important case, it is possible to pass the document to ministries and branches concerned for suggestion. (In case the document is not correct, the industrial zone management informs the investor in writing for correction and addition): 03 days;

- Agencies are asked for suggestion should give written verification opinion and bear all responsibility for matters of the projects under its management function: 10 days, counting from the day Department of Planning and Investment sends document;

If the duration for suggestion is overdue without written verification opinion, it is considered that the agencies which are asked for suggestion agree to the projects.

- After collecting suggestion from all ministries, services, branches and local authorities concerned, the industrial zone management issues Investment Certificate (or informs the investor in writing about the reason for which the project is not accepted): 15 days.

Section 3. PROCEDURES TO SET UP AND CONSIDER THE INVESTMENT PROJECTS FOR APPROVAL

Article 13: Content of Investment project

After performing the investment registration or receiving the Investment Certificate, the investor work out the building project (of totally or partially building works registered or stated in Investment Certificate) which includes the following project explanation and basic design:

1. Project explanation:

a. Necessity and target of the project: to assess the market needs and the consume for production and trade project; kind of investment in building; building location, demand for land use, condition to provide materials, fuel and other input elements.

b. Specifying size and area of building, works including main works, secondary works and other works; analyzing and selecting technical and technological method and capacity.

c. Implementation method is as follows:

- Plan to clear premises, resettlement and support to technical infrastructure (if any);

- Plan of design for building in urban area and architectural building;

- Plan to exploit the project and man power use;

- Execution periods, progress of building and project management.

d. Assessing the environmental impact, method of fire and explosion fighting and prevention and requirements for security and national defense.

e. Total investment of the project; capital ability, capital resource and ability to provide capital according to the progress; debt clearance; spending and canalization to assess economic and social effect of the projects.

2. Basic design of the project:

a. Explanation:

- Prescription of the whole premises, gland solution for gland building project, architectural solution for architectural project; technological solution and diagram for technological project;

- Fire and explosion prevention ad fighting, environmental protection, the linking among technical infrastructures outside the fence.

b. The basic design is present with the following main size:

- The drawing of the whole premises, gland solution for gland building project;

- The drawing of the whole premises and the drawing of architectural solution for architectural project;

- Technological diagram for technological project;

- The drawing represents main force-resistant composition; the drawing of technical system and technical infrastructure system of the building;

- The projects which use forest and forest land according to the purpose of the project;

Article 14: Verification of basic design

Before submitting the investment project for consideration and approval, the investor should present to the state agency which is competent to verify the basic design; the details are as follows:

1. Competence to verify the basic design:

a. Competence to verify the basic design of projects in group A:

- Ministry of Industry and Trade verifies the basic design of building investment projects in mine, oil and gas, electric plant, electric line, transformer station and specialty industry buildings.

- Ministry of Agriculture and Rural Development verifies the basic design of building investment projects in irrigational works and dykes.

- Ministry of Traffic and Transport verifies the basic design of investment projects in traffic works.

- Ministry of Construction verifies the basic design of investment projects in civil and industrial buildings (except industrial projects verified by Ministry of Industry and Trade) and other building investment projects demanded by the Prime Minister.

b. Competence to verify the basic design of projects in groups B and C:

- Department of Industry (or Department of Industry and Trade) verifies the basic design of building investment projects in mine, oil and gas, electric plant, electric line, transformer station and specialty industry buildings.

- Department of Agriculture and Rural Development verify the basic design of building investment projects in irrigational works and dykes.

- Department of Traffic and Transport verifies the basic design of investment projects in traffic works.

- Department of Construction verifies the basic design of investment projects in civil and industrial buildings (except industrial projects verified by Ministry of Industry and Trade) and other building investment projects demanded by the Chairperson of People's Committee.

c. For projects of different works:

- Department (or Ministry) which presides at verification of basic design is one of Departments (or Ministry) mentioned at points and be of this Item and has management function project type and decides character and purpose of the project (be determined the type of project of which the investment is highest).

- Department (or Ministry) which presides at verification of basic design undertakes responsibility to collect written suggestion from Departments (or Ministries) which manages specialty projects and bodies concerned to verify basic design.

2. Location of document reception and number of documents:

a. Location of document reception: The state agency which verifies the basic design as mentioned in Item 1 of this Article is the body which receives the document directly in conjunction with basic design.

b. Number of documents which should be submitted to verify the basic design depends on the agency presiding over the verification of the basic design according to the number of agencies which are asked for verification opinion; at least it should have 07 original exemplars.

3. Duration to verify basic design (working day, counting from the day the documents are fully received):

a. National projects: within 30 days.

b. Projects in group A: within 20 days.

c. Projects in group B: within 15 days.

d. Projects in group C: within 10 days.

Article 15: Verifying and considering the project for approval

After having the verification result of the basic design or the approval to report on assessment of environmental impact or certificate of the commitment to protect environment, the investor will carry out the assessment of the project and come to decision to do the investment, the person who give decision on investment is leader of an organization or a business.

Section 4. REPORT ON ASSESSMENT OF ENVIRONMENTAL EFFECT,
REGISTRATION OF THE COMMITMENT TO PROTECT ENVIRONMENT

Article 16: Regulations on projects of which the reports on assessment of environmental impact should be made or the commitment to protect environment should be registered.

According to the character, size and operation area of the project, the investor has to make report on assessment of environmental impact or register the commitment to protect environment.

1. The report on assessment of environmental impact of the following projects should be made:

a. National projects.

b. Projects use a part of land area or exercise bad influence on natural reserve, national parks, historical literature monuments, natural heritage and famous landscape.

c. Projects are liable to exert bad influence on water source at the lower section of the river in the area where the ecological system is protected.

d. Building projects in infrastructure of economic zone, industrial parks, advanced technological area, processing zone and trade village group;

e. Building projects in urban center and residential quarter;

f. Exploitation projects use underground water source or natural resources of big size;

g. Projects are liable to exercise bad influence on environment.

The report on assessment of environmental impact for the concrete list of projects should be made according to the appendix 1 promulgated in conjunction with Decree No 80/2006/ND-CP dated August 09, 2006 of the Government detailing and guiding the implementation of some articles in Law on environmental protection (hereafter called Decree No 80/2006/ND-CP).

2. It is necessary to register the commitment to protect environment for the following projects:

Household production and business and other projects which are not mentioned at Item 1 of this Article should register the commitment to protect environment.

3. Additional report on assessment of environmental effect:

The additional report on assessment of environmental impact should be made for projects of which the report on assessment of environmental impact is approved according to Item 1 of this Article but:

a. There is change in location, size, design capacity and technology of, the projects;

b. 24 months later counting from the day report on assessment of environmental impact, the projects are not executed.

4. The projects for which the report on assessment of environmental impact and commitment to protect environment should be made are only granted permission of construction, exploitation and operation after the report on assessment of environmental impact is approved or the commitment to protect environment is registered.

Article 17: Content of report on assessment of environmental impact, additional report on assessment of environmental impact and registration of environmental protection:

1. Content of report on assessment of environmental impact:

The structure of and requirement on content of the report on assessment of environmental impact should be performed according to appendix 4 promulgated in conjunction with Circular No 08/2006/TT-BTNMT dated September 08, 2006 of the Ministry of Resources and Environment guiding the assessment of strategically environment, assessment of environmental impact and commitment to protect environment (hereafter called Circular N° 08/2006/TT-BTNMT).

2. Content of additional report on assessment of environmental impact:

The structure of and requirement on content of the additional report on assessment of environmental impact should be performed according to appendix 9 promulgated in conjunction with Circular No 108/2006/TT-BTNMT.

3. Content of commitment to protect environment:

The structure of and requirement on content of commitment to protect environment should be performed according to appendix 23 promulgated in conjunction with Circular No 08/2006/TT-BTNMT.

Article 18: Procedures, document, resettlement agencies and duration for verification and consideration for approval of report on environmental effect.

1. Report on assessment of environmental effect:

a. Documents conclude:

- Application for verification and consideration for approval of report on assessment of environmental effect: 01 exemplar;

- Investment project: 01 exemplar

- Report on assessment of environmental effect: 07 exemplars

b. Agencies receiving documents and resettlement duration:

- For projects of which the report on assessment of environmental effect is considered for approval by Ministry of Resources and Environment (according to appendix II promulgated in conjunction with Decree No 80/2006/ND-CP of the Government): Ministry of Resources and Environment receives document then considers it for approval.

- For projects of which the report on assessment of environmental effect is considered for approval by the provincial People's Committee:

+ Agencies receiving and assessing documents: Department of Resources and Environment

+ Duration to handle documents at provincial appropriate authorities: Within 50 working days.

c. The process to handle the document under the consideration of the provincial People's Committee for approval:

- Department of Resources and Environment collects the document, verifies the correctness of the document within 05 days. In case the document is not correct, Department of Resources and Environment informs the investor in writing for correction and addition;

- After collecting all the correct documents, Department of Resources and Environment carries out the verification: within 30 days.

(In case the document should be completed and adjusted according to the verification result, Department of Resources and Environment informs the investor for addition and correction then the documents will be re-submitted).

- When the completed and adjusted documents according to the verification result are returned. Department of Resources and Environment will check then pass to the provincial People's Committee: within 10 days;

- The provincial People's Committee considers the documents for approval: within 05 days.

2. Additional report on assessment of environmental effect:

a. Documents conclude:

- Application for verification and consideration for approval of additional report on assessment of environmental effect: 01 exemplar;

- Copy of approved report on assessment of environmental effect: 01 exemplar;

- Copy of approval decision of the previous report on assessment of environmental effect: 01 exemplar;

- Explanation of the investment project correction: 01 exemplar;

- Report on additional assessment of environmental effect: 05 exemplars

b. Agencies receiving documents for verification and approval:

The agencies which received, verified and approved the former report on assessment of environmental effect are the agencies receiving, verifying and approving the additional report on assessment of environmental effect.

c. Duration and process to handle the document under the consideration of the provincial People's Committee for approval: within 30 working days:

- Department of Resources and Environment receives the document, collects and classifies the suggestions then submits to provincial People's Committee: within 25 days counting from the day the correct documents are fully received.

- The provincial People's Committee considers the documents for approval: within 05 days.

3. Commitment to protect environment:

a. Documents conclude:

- Investment project: 01 exemplar;

- Commitment to protect environment: 03 exemplars

b. Agencies collect the documents: Office of Resources and Environment in the project area.

c. Resettlement duration: 05 working days counting from the day the documents are fully received.

d. Process to handle document:

- Office of Resources and Environment collects document, verifies it then submits it to the local People's Committee at district level: 03 days;

- People’s Committee at district level certifies the document then returns the result to Office of Resources and Environment to give back to the investor: 02 days.

LAM DONG PORTAL
Management agency: Center Manage electronic information, of the Department of Information and Communications
Main responsible: Mr. Nguyen Viet Van - Director of Department of Information and Communications
Address: 36 Trần Phú, Ward 4,Da Lat city
Tel: 0263.3545579 - Fax: 0263.3545455 - Email: contact@lamdong.gov.vn
Write www.lamdong.gov.vn using the information on this website
FSC Company