Investment project subject to investment policy decision

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Authority to decide investment policy of the National Assembly

Vietnam National Assembly

Except for projects whose investment policy is decided by the National Assembly in accordance with the law on public investment, the National Assembly shall decide on investment policies for the following investment projects:

1. Projects that have a major impact on the environment or have the potential to seriously affect the environment, including:
(a) nuclear power plants;
b) Change of land use purpose of national parks, nature reserves, landscape protection areas, scientific research, or experimental forests of at least 50 hectares; headwater protection forests of 50 ha or more; protective forests for wind, sand, wave, sea encroachment or environmental protection at 500 ha or more; production forests of 1,000 ha or more;

2. Land use requiring a change of the use purpose of land under wet rice cultivation for two or more crops with an area of 500 hectares or more;

3. Relocation and resettlement of 20,000 people or more in mountainous areas, 50,000 people or more in other regions;

4. Projects applying specific mechanisms and policies that need to be decided by the National Assembly.

Competence to make a decision investment policies of the Prime Minister

Vietnam Prime Minister

Except for projects whose investment policy is decided by the Prime Minister in accordance with the law on public investment and projects whose investment policy is decided by the National Assembly, whose investment policy is decided by the Prime Minister. Invest in the following projects:

1. A project, regardless of capital source, falls in one of the following cases:
a) Relocation and resettlement of 10,000 people or more in mountainous areas, 20,000 people or more in other regions;
(b) Airport construction and commercial operations; Air transport;
(c) Construction and commercial operation of national seaports;
(d) Oil and gas exploration, extraction, and processing; dd) Betting, betting and casino business;
(e) Tobacco production;
g) Development of infrastructure of industrial parks, export processing zones and functional areas in economic zones;
(h) Construction and commercial operation of golf courses;

2. Projects not falling into the cases specified in Section 1 above and having an investment capital of 5,000 billion VND or more;

3. Projects of foreign investors within the field of the ocean transportation business, providing telecommunications services with network infrastructure, afforestation, publishing, journalism, the establishment of science and technology organizations, joint ventures 100% foreign capital in science and technology;

4. Other projects falling under the competence of the Prime Minister to decide on investment policies or to decide on investment in accordance with the law.

Authority to decide on the investment policy of the People’s Committee of the province

the People's Committee of the province

Except for projects subject to an investment policy decision by the People’s Committees of provinces in accordance with the law on public investment and projects invested by the National Assembly, the Prime Minister or the Committee. private. Provincial-level People’s Committees shall decide on investment policies for the following projects (except for investment projects implemented in industrial parks, export processing zones, hi-tech zones, economic zones in accordance with the planning. approved by a competent authority):

1. Projects which are assigned or leased land by the State without going through auction, bidding, or transfer; the project must change the land use purpose;

2. Projects using technologies on the List of technologies restricted from transfer in accordance with the law on technology transfer.

Source: GOV

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