Requirements
Natural persons
Legal persons
To be applied to the case of transfer, capital contribution, dividing, joint, unify for the land and assets on land which was leased by the State for business manufacturing.
Number of dossiers require to submit: 3 sets of dossiers including at least 1 sets of original.
1.
Proposal paper on approval of investment intent and location (original)
(prepared by investor)
or
Economic and Technical explanatory statement (original)
(For the project which has investment capital of 300 billion VND or more, includings: investor's information, project's objective and scale, investment location, investment capital, project execution schedule, land/space demand, technical and environmental solutions, investment incentives proposal (if any) etc)
2.
Proposal paper of the transfered land plot owner to the provincial Authorities Organs (original)
(on giving back the land plot to the province and propose to allow new investor to rent the land plot)
3.
Signed land transfer Contract (original)
(between transferer and transferee)
4.
Certificate of Land Use Right and property attached to the land of transferer (an authentic copy)
(of the transfered land plot, the transferer can provide this for investor)
5.
Sectional cadastral map of the Land Plot (original)
(of the transfered land plot, the transferer can provide this for investor)
6.
Report on project implementation of transferrer (original)
(prepared by the transfered land plot owner on his/her project implementation from the begining until the time of transfering the project)
I. For individual investor, supplement:
1.
Certified translation of Bank Statement (original)
II. For corporate entity, supplement:
1.
Certified translation of consular legalized of Incorporation Certificate (original)
2.
Certified translation of legalized copy of 2 latest years audited financial report (original)
(the lastest year)
3.
Meeting minutes of Board Directors/Shareholders of Corporate Entity (original)
(agreement of all members of Board Directors on receiving the transfered land plot for implementing ithe project)
4.
Decision of Chairman of Board Directors/Shareholders. (original)
(on receiving the transfered land plot for implementing the Project)
5.
Power of Attorney (1) (original)
(issued by the investor for the authorized person of the Corporate Company)
6.
Passport or Vietnamese ID card of the Company's legal representative (an authentic copy)
(of the authorized representative)
III.For implementation of project under the form of Business Corporation Contract, supplement:
1.
Business Cooperation Contract (original)
(initiated on each page and signed at the end of the contract by the investor or authorized representatives of the two parties (Foreign investors and Vietnamese investors)
Time frame
Processing time is from 10 to 15 working days since the day of receiving a fully legitimate dossiers.
Waiting time in queue:
Min. 5mn - Max. 15mn
Attention at counter:
Min. 5mn - Max. 15mn
Waiting time until next step:
Min. 10 days - Max. 15 days
Legal justification
1.
Law on Investment No.67/2014/QH13 dated 26/11/2014 of National Assembly (Vietnamese version)
articles 46, 47, 48
2.
Law on Enterprises No.68/2014/QH13 dated 26/11/2014 of National Assembly (Vietnamese version)
articles 15, 18, 19, 20, 22, 23
3.
Decree No.43/2010/ND-CP dated 15/4/2010 of the Government on Enterprise registration (English version).
articles 5, 20, 21, 24
4.
Circular No.01/2013/TT-BKHDT dated 21/01/2013 of Ministry of Planning and Investment guiding on Enterprise Registration (English version)
Article 4
5.
Decision No.1088/2006/QD-BKH of Ministry of Planning & Investment dated 19/10/2006 on issuing standard forms for conducting investment procedures in Viet Nam (English version)
articles App.I-3, I-8, I-9, I-10
Additional information
Number of dossiers require to submit:
- For project with investment capital is below 300 billions VND: 3 sets of dossiers including at least 1 set of original.
- For project with investment capital is above 300 billions VND: 8 sets of dossiers including at least 1 set of original.
All foreign documents need to be translated into Vietnamese and authenticated or consular legalized as required by laws before submit to the local Authorities.
As soon as receiving investment project, depends on each type of project, Hai Duong's DPI will hold a meeting with the participation of representative of related authorities in the local or send requesting paper to related Authorities to ask for their opinions on the project's contents and investigation on land using demand. Hai Duong Department of Natural Resources and Environment can give opinions on evaluating land using demand of investor right at the meeting or issue document on evaluating land using demand to investor.
After the meeting, investor may have to adjust or provide additional information to the project as opinions of participants of the meeting then submit to Hai Duong's DPI. Hai Duong's DPI will make a report to Hai Duong People's Committee for approval of investment intent and location.
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