Decree 239/2025/ND-CP amend Decree 31/2021/ND-CP detailing Investment Law

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 detailing and guiding the implementation of a number of articles of the Law on Investment

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Promulgation of Legal Documents No. 64/2025/QH15;

Pursuant to the Law on Investment No. 61/2020/QH14; Law Amending and Supplementing a Number of Articles of the Bidding Law, Law on Investment in the Form of Public-Private Partnership, Law on Customs, Law on Value-Added Tax, Law on Export Duty and Import Duty, Law on Investment, Law on Public Investment, and the Law on Management and Use of Public Property No. 90/2025/QH15;

Pursuant to Resolution No. 76/2025/UBTVQH15 of the National Assembly Standing Committee on the arrangement of provinces and centrally-run cities and the arrangement of communes, wards, and townships in 2025;

At the proposal of the Minister of Finance;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021, detailing and guiding the implementation of a number of articles of the Law on Investment.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 detailing and guiding the implementation of a number of articles of the Law on Investment

1. To amend and supplement Clause 7 of Article 2 as follows:

“7. Dossier for the implementation of investment procedures means a dossier made by the investor or the competent state agency, including its electronic copy as prescribed in Clause 1a, Article 6 of this Decree to carry out the procedures for the issuance and adjustment of the Decision on approval of investment policies, Certificate of investment registration, Offshore investment registration certificate, and other related procedures for implementation of investment activities in accordance with the Law on Investment and this Decree.”

2. To add Clause 1a and Clause 1b after Clause 1 Article 6 as follows:

“1a. When carrying out administrative procedures in accordance with the Law on Investment and this Decree, the investor shall submit the electronic copy of the dossier as prescribed as follows:

a) The electronic copy of the dossier must be affixed with a digital signature in accordance with the law on electronic transactions and shall have the same legal validity as the paper dossier submitted to the Ministry of Finance or the investment registration agency;

b) The investor shall be responsible for the accuracy, consistency, and completeness of contents of both the paper dossier and electronic dossier submitted to the Ministry of Finance or the investment registration agency. In case of any discrepancy between the paper dossier and the electronic dossier, the contents of the paper dossier shall have final legal validity;

c) The Ministry of Finance and the investment registration agency shall be responsible for publicizing the addresses and forms of receipt of the investor’s electronic dossier on the National Investment Portal, the Ministry of Finance’s portal, and the Portal of the state authority in charge of investment at the local level.

1b. The investor shall choose one of the following forms of submission of the dossier, including direct submission, online submission, or through the public postal service to settle administrative procedures in accordance with the form of receipt of the respective administrative procedure.”.

3. To amend and supplement Clause 8 of Article 20 as follows:

“8. In cases where industrial zones, export processing zones, and centralized digital technology zones, which have been established in accordance with the provisions of the Government, are approved to be excluded from planning, or approved for conversion to another purpose of use by the competent authority, or in cases where the investment project for the construction and business operation of infrastructure of industrial zones, export processing zones, and centralized digital technology zones terminates operation in accordance with the law on investment, then the investment projects implemented within industrial zones, export processing zones, and centralized digital technology zones shall continue to enjoy investment incentives as prescribed in the Investment License, Business License, Investment Incentive Certificate, Investment Certificate, Investment Registration Certificate, decision on investment policies, Decision on approval of investment policies, or other documents issued by the competent state agency providing for investment incentives, or in accordance with the provisions of law effective at the time of investment in industrial zones, export processing zones, and centralized digital technology zones.”

4. To amend and supplement Article 21 as follows:

“Article 21. Determination of areas eligible for investment incentives

The determination of areas eligible for investment incentives with respect to commune-level administrative units established on the basis of the arrangement of administrative units and the organization of two-level local government shall be implemented as follows:

1. Commune-level administrative units under a district that were classified as areas with especially difficult socio-economic conditions prior to the arrangement of administrative units and the organization of two-level local government shall be determined as areas with especially difficult socio-economic conditions.

2. Commune-level administrative units under a district that were classified as areas with difficult socio-economic conditions prior to the arrangement of administrative units and the organization of two-level local government shall be determined as areas with difficult socio-economic conditions.

3. Newly established commune-level administrative units formed from multiple commune-level administrative units that had different classifications of socio-economic conditions prior to the arrangement of administrative units and the organization of two-level local government shall be determined as follows:

a) The newly established commune-level administrative unit shall be determined as an area eligible for investment incentives according to the majority of the classification of the commune-level administrative units previously entitled;

b) In case the number of commune-level administrative units classified as areas with especially difficult socio-economic conditions equals the number of commune-level administrative units classified as areas with difficult socio-economic conditions, the newly established commune-level administrative unit shall be determined as an area with especially difficult socio-economic conditions;

c) In case the number of commune-level administrative units classified as areas with difficult socio-economic conditions equals the number of commune-level administrative units not classified as areas eligible for investment incentives, the newly established commune-level administrative unit shall be determined as an area with difficult socio-economic conditions;

d) In case the number of commune-level administrative units classified as areas with especially difficult socio-economic conditions equals the number of commune-level administrative units not classified as areas eligible for investment incentives, the newly established commune-level administrative unit shall be determined as an area with especially difficult socio-economic conditions.

4. Newly established commune-level administrative units under a Resolution of the National Assembly Standing Committee on the basis of division, separation, or upgrading of former administrative units already classified as areas eligible for investment incentives, or on the basis of arrangement and adjustment of the boundaries of commune-level administrative units classified under different socio-economic conditions, shall determine areas eligible for investment incentives in accordance with Clause 3 of this Article.

5. Provincial People’s Committees shall determine and publicize areas eligible for investment incentives and the areas eligible for special investment incentives at the commune level in accordance with Clauses 1, 2, 3, and 4 of this Article and send information to the Ministry of Finance for monitoring and aggregation.”.

5. To amend and supplement a number of points, clauses of Article 27 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The term of operation of an investment project as prescribed in Clauses 1 and 2, Article 44 of the Law on Investment shall be calculated from the date on which the investor is issued the Decision on approval of the investor, the Decision on approval of investment policies concurrently with the approval of the investor, or the Certificate of investment registration for the first time. For investment projects in which the State allocates land, leases land, or approves land use change, the term of operation and the implementation progress of the investment project shall be calculated from the date on which the investor is issued the decision on land allocation, decision on land lease, or decision on land use change. In cases where the investor has been issued the decision on land allocation, decision on land lease, or decision on land use change but is delayed in receiving the handover of land, the term of operation and the implementation progress of the investment project shall be calculated from the date of land handover in the field.”

b) To add Clause 1a and Clause 1b after Clause 1 as follows:

“1a. In cases of delays in land handovers as prescribed in Clause 1 of this Article, the investor shall not be required to carry out the procedure for adjustment of the Decision on approval of investment policies, the Decision on approval of investment policies concurrently with the approval of the investor, or the Certificate of investment registration already issued. The time recorded in the decision on land allocation, decision on land lease, decision on land use change, or the document of land handover issued by the competent state agency to the investor shall serve as the basis for determining the term of operation and the implementation progress of the investment project.

1b. In cases where the investor has a demand for adjusting the Decision on approval of investment policies, Decision on approval of investment policies concurrently with the approval of the investor, or the Certificate of investment registration in order to update the information on the term of operation and implementation progress for investment projects falling under the provisions of Clause 1a of this Article, the investor shall carry out the project adjustment procedures as follows:

a) For investment projects that have been approved for investment policies, the order and procedures for adjustment shall be implemented correspondingly in accordance with Clause 3, Article 45 and Clause 5, Article 46 of this Decree;

b) For investment projects that have been issued a Certificate of investment registration and do not fall under the category requiring approval of investment policies, the order and procedures for adjustment shall be implemented in accordance with Clause 1, Article 47 of this Decree.”

c) To amend and supplement Clause 6 as follows:

“6. In cases where the investment project satisfies the conditions for extension of operation prescribed at Point b, Clause 4 of this Article but does not satisfy the conditions prescribed at Point a, Clause 4 of this Article, the authority competent to approve investment policies or the investment registration agency shall consider extending the operation term of the investment project on a yearly basis until the commune-level land use plan is issued in accordance with the land law. The investor shall only carry out the procedure for extension of the operation term of the project for the first year of extension.”

d) To amend and supplement the opening paragraph and a number of points of Clause 10 as follows:

d.1) To amend and supplement the opening paragraph as follows:

“Investment projects using obsolete technology, posing risks of causing environmental pollution, or being resource-intensive shall not be extended in their operation term in accordance with Point a, Clause 4, Article 44 of the Law on Investment, including:”;

d.2) To amend and supplement Point b as follows:

“b) Projects using machinery and equipment are not arranged in technological lines for production, with goods codes (HS codes) under Chapters 84 and 85 of the Vietnam’s Nomenclature of Exports and Imports, where the operation does not comply with the provisions of the National Technical Regulations on safety, energy efficiency, and environmental protection, or where the capacity and efficiency of the machinery and equipment are less than 85% compared to the designed capacity and efficiency, or where the consumption of raw materials, materials, or energy exceeds 15% compared to the design. In cases where no national technical regulations on safety, energy efficiency, or environmental protection exist relating to the machinery and equipment of the project, the technical indicators shall comply with national standards of Vietnam or with national standards of one of the G7 countries or the Republic of Korea on safety, energy efficiency, and environmental protection.”

d.3) To add Point c after Point b as follows:

“c) Projects using technology included in the list of technologies prohibited from transfer from abroad into Vietnam and within the territory of Vietnam in accordance with the law on technology transfer.”

6. To amend and supplement a number of clauses and points of Article 29 as follows:

a) To amend and supplement Point c, Clause 5 as follows:

“c) Investors implementing investment projects in industrial zones, high-tech zones, and centralized digital technology zones;”

b) To amend and supplement Point dd, Clause 5 as follows:

“dd) Other cases not subject to land use rights auction, investor selection bidding in accordance with the law on land, bidding, investment in the form of public-private partnership, and other relevant laws.”

c) To amend and supplement the opening paragraph, Point a and Point b of Clause 7 as follows:

“7. In cases where investment projects prescribed at Points c, d, and dd, Clause 5 of this Article have two or more investors simultaneously submitting valid dossiers proposing the implementation of the investment project at the same location within a period of 10 days (for projects subject to the Prime Minister’s investment policy approval) or 07 days (for projects subject to the provincial People’s Committee’s investment policy approval) from the date of receipt of the valid dossier of the first investor, the Ministry of Finance or the investment registration agency shall carry out the following procedures:

a) Notify in writing the investors of the implementation of the procedures for approval of investment policies and investor selection in accordance with the provisions of this Clause within 12 days (for projects subject to the Prime Minister’s investment policy approval) or 10 days (for projects subject to the provincial People’s Committee’s investment policy approval) from the date of receipt of the valid dossier of the first investor. The Ministry of Finance, the investment registration agency shall not consider and shall return the dossiers of other investors (if any) submitted after the time limit of 10 days (for projects subject to the Prime Minister’s investment policy approval) or 07 days (for projects subject to the provincial People’s Committee’s investment policy approval) from the date of receipt of the valid dossier of the first investor;

b) Implement the procedures for approval of investment policies in accordance with the corresponding provisions of Article 32 or Article 33 of this Decree on the basis of the investment project proposal of the first investor. In cases where the investment project proposal of the first investor does not meet the requirements prescribed in Clause 7, Article 31 of this Decree, the procedures for approval of investment policies shall be implemented on the principle of sequential consideration of the investment project proposals of the subsequent investors;”.

7. To amend and supplement Article 30 as follows:

“Article 30. Procedures for approval of the investor

1. Investors prescribed at Points a and b, Clause 3, Article 29 of this Decree shall be considered for approval according to the following procedures:

a) The investor shall submit 01 set of the dossier for approval of the investor, together with the electronic copy of the dossier to the investment registration agency, comprising: a written request for approval of the investor and the documents prescribed at Points b, c, e, g, and h, Clause 1, Article 31 of this Decree;

b) Within 02 days from the date of receipt of a valid dossier, the investment registration agency shall forward the dossier as prescribed at Point a of this Clause; report the results of the call for expressions of interest (with respect to investors prescribed at Point b, Clause 3, Article 29 of this Decree) to consult the relevant local state agencies regarding satisfaction of the requirements prescribed at Points b, c, and d, Clause 8, Article 31 of this Decree. For projects of foreign investors or economic organizations with foreign investment implemented on islands, in border communes, wards, or townships, and in coastal communes, wards, or townships, or in other areas affecting national defense and security, the investment registration agency shall consult the provincial Military Command and the provincial Police regarding fulfillment of the conditions ensuring national defense and security;

c) Within 07 days from the date of receipt of the request from the investment registration agency, the consulted agencies shall provide opinions on matters within the scope of their state management and send to the investment registration agency;

d) Within 14 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the investment registration agency shall make an appraisal report covering the contents prescribed at Points b, c, and d, Clause 8, Article 31 of this Decree and submit to the provincial People’s Committee;

dd) Within 03 days from the date of receipt of the dossier and the appraisal report, the provincial People’s Committee shall approve the investor and send the Decision on approval of the investor to the Ministry of Finance (for projects whose investment policies have been approved by the National Assembly or the Prime Minister); to the auction-organizing agency (in cases of auction organization); to the investment registration agency; and to the investor.

2. In cases where ministries, ministerial-level agencies, or the government-attached agencies organize bidding, such agencies shall make report on results of the call for expressions of interest and approve the investor where the investor satisfies the requirements prescribed at Points b, c, and d, Clause 8, Article 31 of this Decree. The Decision on approval of the investor shall be sent to the Ministry of Finance (for projects whose investment policies have been approved by the National Assembly or the Prime Minister), the investment registration agency, and the investor.

3. Procedures for approval of the investor with respect to investment projects implemented in economic zones as prescribed in Clause 2, Article 32 of the Law on Investment shall be implemented as follows:

a) The investor shall submit 01 set of the application dossier for approval of the investor, together with the electronic copy of the dossier to the economic zone Management Board, comprising: a written request for approval of the investor; and the documents prescribed at Points b, c, e, g, and h, Clause 1, Article 31 of this Decree;

b) Within 02 days from the date of receipt of a valid dossier, the economic zone Management Board shall forward the dossier to seek appraisal opinions from relevant local state agencies in accordance with the corresponding provisions at Point b, Clause 1 of this Article. For projects of foreign investors or economic organizations with foreign investment implemented on islands, in border communes, wards, or townships, and in coastal communes, wards, or townships; or in other areas affecting national defense and security, the investment registration agency shall consult the provincial Military Command and the provincial Police regarding fulfillment of the conditions ensuring national defense and security;

c) Within 07 days from the date of receipt of the request from the economic zone Management Board, the consulted agencies shall provide opinions on matters within the scope of their state management and send to the economic zone Management Board;

d) The economic zone Management Board shall approve the investor within 17 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause.”

8. To amend and supplement Article 31 as follows:

“Article 31. Dossier and procedures for making and appraising the application for approval of investment policies

1. The dossier of application for approval of investment policies for an investment project proposed by an investor includes:

a) A written request for implementation of the investment project, including an undertaking to bear all costs and risks in case the project is not approved;

b) Documents on the legal status of the investor;

c) Documents evidencing the investor’s financial capacity, comprising at least one of the following: investor’s financial statements for the 02 most recent years; commitment of financial support from the parent company; commitment of financial support from a financial institution; guarantee of the investor’s financial capacity; or other documents evidencing the investor’s financial capacity;

d) The investment project proposal comprising the following principal contents: the investor or the form of investor selection, investment objectives, investment scale, investment capital and capital mobilization plan, location, term, implementation progress, information on the current status of land use at the project implementation site and the proposed land use demand (if any), labor demand, proposed investment incentives, the project’s socio-economic impacts and efficiency, preliminary environmental impact assessment (if any) in accordance with the law on environmental protection; and any special mechanisms and policies (if any).

Where the law on construction prescribes the preparation of a pre-feasibility study report, the investor may submit the pre-feasibility study report in lieu of the investment project proposal;

dd) In cases where the investment project does not request the State to allocate land, lease land, or permit land use change, a copy of documents on land use rights or other documents determining the right to use the location for implementation of the investment project shall be submitted;

e) Explanatory contents on the technology used in the investment project for projects subject to appraisal and consultation on technology in accordance with the law on technology transfer;

g) A BCC contract for investment projects implemented in the form of a BCC contract;

h) Other documents related to the investment project and requirements on the investor’s conditions and capacity as prescribed by law (if any).

2. The dossier of application for approval of investment policies for an investment project prepared by a competent state agency includes:

a) A submission requesting approval of investment policies;

b) The investment project proposal comprising the following principal contents: investment objectives, investment scale, investment capital, location, term, implementation progress, socio-economic impacts and efficiency of the project, information on the current status of land use at the project implementation site, identification of cases of land recovery for projects subject to land recovery (if any), and the anticipated land use demand (if any), preliminary environmental impact assessment (if any) in accordance with the law on environmental protection, the anticipated form of investor selection and conditions for investors (if any), and any special mechanisms and policies (if any).

Where the law on construction prescribes the preparation of a pre-feasibility study report, the competent state agency may use the pre-feasibility study report in lieu of the investment project proposal.

3. Documents and explanations substantiating the proposal on the form of investor selection as prescribed in Clauses 1 and 2 of this Article include:

a) Documents evidencing that the land has been cleared (if any) and other explanatory documents (if any) in cases of proposing investor selection through the form of auction of land use rights in accordance with the land law;

b) Documents evidencing that the land has not been cleared (if any) and other explanatory documents (if any) in cases of proposing investor selection through bidding for projects with land use. In this case, the proposed investment project shall preliminarily determine the total cost of project implementation on the basis of the total investment amount of the project as prescribed by the law on construction, excluding compensation, support, and resettlement costs;

c) A valid copy of the decision on land allocation or decision on land lease, contract on lease of land use rights, or the Certificate of land use rights, Certificate of house ownership and residential land use rights, or the Certificate of land use rights, ownership of houses and other assets attached to land, in cases of proposing approval of investment policies concurrently with approval of the investor for an investor having land use rights in accordance with Point a, Clause 4, Article 29 of the Law on Investment;

d) A valid copy of the provincial People’s Committee’s document approving the agreement on receipt of land use rights for implementation of the investment project and a valid copy of other documents on agreement for use of the location for implementation of the investment project in cases of proposing approval of investment policies concurrently with approval of the investor for an investor receiving transfer, receiving capital contribution by, or leasing agricultural land use rights for implementation of a non-agricultural production and business investment project in accordance with Point b, Clause 4, Article 29 of the Law on Investment.

          4. For construction investment projects, the investment project proposal shall include:

a) The contents prescribed at Point d, Clause 1 or Point b, Clause 2 of this Article; an explanation of satisfaction of objectives and the orientation for urban development, housing development programs and plans; the anticipated division into component projects (if any); a preliminary plan for phased investment ensuring synchronization requirements; and a preliminary structure of housing products and the allocation of land funds for social housing development.

With respect to urban area projects, where the law on construction prescribes the preparation of a pre-feasibility study report, the investor or the competent state agency may submit or use the pre-feasibility study report in lieu of the investment project proposal, in which a preliminary proposal shall be made on the portion of urban infrastructure that the investor retains for investment and business and the portion of urban infrastructure that the investor is responsible for handing over or proposes to hand over to the locality;

b) The contents prescribed at Point d, Clause 1 or Point b, Clause 2 of this Article, the anticipated division into component projects (if any) for construction investment projects not falling under the case prescribed at Point a of this Clause.

5. Competent state agencies making the dossier of application for approval of investment policies for an investment project as prescribed in Clauses 1 and 2 of this Article include:

a) Ministries, ministerial-level agencies, and provincial People’s Committees shall organize the making the dossier of application for approval of investment policies for projects under the authority of the National Assembly or the Prime Minister to approve investment policies;

b) Specialized agencies of the provincial People’s Committee; commune-level People’s Committees; and the Management Boards of industrial zones, export processing zones, high-tech zones, and economic zones shall make the dossier of application for approval of investment policies for investment projects subject to the provincial People’s Committee’s investment policy approval.

6. Agencies receiving the dossier of application for approval of investment policies:

a) The Ministry of Finance shall receive the dossier of application for approval of investment policies for investment projects under the authority of the National Assembly or the Prime Minister to approve investment policies;

b) The Department of Finance shall receive the dossier of application for approval of investment policies for investment projects under the authority of the provincial People’s Committee to approve investment policies that are outside industrial zones, export processing zones, centralized digital technology zones, high-tech zones, and economic zones; investment projects implemented concurrently both inside and outside industrial zones, export processing zones, centralized digital technology zones, high-tech zones, and economic zones; investment projects within industrial zones, export processing zones, centralized digital technology zones, high-tech zones, and economic zones; and investment projects on construction and business operation of infrastructure of industrial zones and export processing zones in localities where the Management Boards of industrial zones, export processing zones, high-tech zones, and economic zones have not been established or are not within the management scope of Management Boards;

c) The Management Boards of industrial zones, export processing zones, high-tech zones, and economic zones shall receive dossier of application for approval of investment policies with respect to investment projects for construction and business of infrastructure of industrial zones and export processing zones, and investment projects under the competence of the provincial People’s Committee to approve investment policies to be implemented in industrial zones, export processing zones, centralized digital technology zones, high-tech zones, and economic zones.

7. Contents of appraisal of the request for approval of investment policies include:

a) Assessment of the conformity of the investment project with the national master plan, regional master plan, provincial master plan, urban planning, and planning of special administrative-economic units (if any) related to the project’s objectives and the contents of the investment project proposal.

When assessing the conformity of the investment project with the national master plan, regional master plan, provincial master plan, and urban planning, the assessment shall be made of the project’s conformity with the objectives, development orientations, and the arrangement and spatial distribution of socio-economic activities in accordance with the contents and requirements of plans.

For urban planning, the appraisal contents must include an assessment of the conformity of the investment project with the zoning plan; where the project is proposed in an area where a zoning plan is not required under the law on urban planning, or where the zoning plan needs adjustment and has not yet been approved by the competent authority, the assessment shall be of the project’s conformity with the general plan;

b) Assessment of the land use demand in conformity with the project’s objectives, scale, location, and operational requirements;

c) A preliminary assessment of the project’s socio-economic efficiency; a preliminary environmental impact assessment (if any) in accordance with the law on environmental protection;

d) Assessment of investment incentives and conditions for enjoyment of investment incentives (if any);

dd) Assessment of the technology used in the investment project for projects subject to appraisal or consultation on technology in accordance with the law on technology transfer;

e) Assessment of the project’s conformity with the objectives and orientations for urban development, housing development programs and plans, a preliminary plan for phased investment ensuring synchronization requirements, a preliminary structure of housing products and the allocation of land funds for social housing development;

g) Assessment of the project’s conformity with the requirements on protection and promotion of the value of cultural heritage and other conditions in accordance with the law on cultural heritage;

h) Legal grounds and conditions for applying the form of investor selection in accordance with Clause 1, Article 29 of the Law on Investment and Article 29 of this Decree.

8. Contents of appraisal of the application for approval of investment policies concurrently with approval of the investor include:

a) The appraisal contents prescribed at Points a, b, c, d, dd, e, and g, Clause 7 of this Article;

b) The ability to satisfy conditions for land allocation or land lease in cases of land allocation or land lease without auction of land use rights or bidding for investor selection; and the ability to satisfy conditions for land use change for projects requiring land use change;

c) Assessment of satisfaction of market access conditions for foreign investors (if any);

d) Other conditions for investors in accordance with relevant laws;

dd) Legal grounds and conditions for approval of the investor in accordance with Clause 1, Article 29 of the Law on Investment and Article 29 of this Decree;

e) Assessment of satisfaction of conditions in accordance with the laws on construction, housing, urban development, and real estate business (with respect to projects on construction of housing, urban areas, and real estate business).

9. The collection of opinions and provision of responses during the process of appraisal of the application for approval of investment policies shall be implemented in accordance with the principles prescribed in Clause 2, Article 6 of this Decree. Where the laws on construction, housing, urban development, and real estate business prescribe the consulted appraisal agencies and appraisal contents, such laws shall prevail.”

9. To amend and supplement a number of points and clauses of Article 32 as follows:

a) To add Clause 1a after Clause 1 as follows:

“1a. The dossier of application for approval of investment policies by the Prime Minister shall be prepared in accordance with Article 31 of this Decree.”

b) To amend and supplement Clause 2 as follows:

“2. The investor or the competent state agency prescribed at Point a, Clause 4, Article 31 of this Decree shall submit 01 set of the dossier of application for approval of investment policies in accordance with the corresponding provisions of Clause 1 or Clause 2, Article 31 of this Decree, together with the electronic copy of the dossier, to the Ministry of Finance.”

c) To amend and supplement the opening paragraph of Clause 3 as follows:

“Within 03 days from the date of receipt of a valid dossier as prescribed in Clause 2 of this Article, the Ministry of Finance shall forward the dossier to seek appraisal opinions from the concerned ministries, agencies, and the provincial People’s Committee where the project is expected to be implemented for appraisal opinions on the contents of the investment project falling within their respective state management scope in accordance with Clause 6 or Clause 8, Article 31 of this Decree.”

d) To amend and supplement Clause 4 as follows:

“Within 10 days from the date of receipt of the request from the Ministry of Finance, the consulted agency shall provide appraisal opinions on the contents within its state management scope and send to the Ministry of Finance.

Where the project is subject to a preliminary environmental impact assessment as prescribed by the law on environmental protection, the Ministry of Agriculture and Environment shall fulfill the responsibility prescribed in this Clause with respect to the contents of the preliminary environmental impact assessment.”

dd) To amend and supplement Clause 5 as follows:

“Within 20 days from the date of receipt of a valid dossier as prescribed in Clause 2 of this Article, the Ministry of Finance shall organize the appraisal of the dossier and make an appraisal report covering the contents prescribed in Clause 7 or Clause 8, Article 31 of this Decree for submission to the Prime Minister for approval of investment policies.”

e) To amend and supplement Clause 6 as follows:

“Within 05 days from the date of receipt of the appraisal report of the Ministry of Finance, the Prime Minister shall approve the investment policies.”

g) To amend and supplement Point b, Clause 7 as follows:

“b) The project title; objectives; scale (a preliminary structure of housing products and the allocation of land funds for social housing development); the project’s investment capital (a preliminary total cost of project implementation, if any); and the project’s operation term;”.

10. To amend and supplement a number of clauses of Article 33 as follows:

a) To add Clause 3a after Clause 3 as follows:

“3a. The dossier of application for approval of investment policies by the provincial People’s Committee shall be prepared in accordance with Article 31 of this Decree.”

b) To amend and supplement Clause 4 as follows:

“4. Procedures for approval of investment policies by the provincial People’s Committee shall be implemented as follows:

a) The investor or the competent state agency shall submit 01 set of the dossier of application for approval of investment policies in accordance with the corresponding provisions of Clause 1 or Clause 2, Article 31 of this Decree, together with the electronic copy of the dossier, to the investment registration agency.

With respect to investment projects on construction and business operation of infrastructure of industrial zones, export processing zones, and centralized digital technology zones, the investor or the competent state agency shall submit the dossier to the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones, or to the Department of Finance in cases where the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones has not yet been established;

b) Within 02 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the investment registration agency shall forward the dossier to seek appraisal opinions from the specialized departments, the commune-level People’s Committee where the project is expected to be implemented, and other concerned local agencies on the contents within their respective state management scope as prescribed in Clause 7 or Clause 8, Article 31 of this Decree. For projects of foreign investors or economic organizations with foreign investment implemented on islands, in border communes, wards, or townships, and in coastal communes, wards, or townships, or in other areas affecting national defense and security, the investment registration agency shall consult the provincial Military Command and the provincial Police regarding satisfaction of the conditions ensuring national defense and security;

c) Within 07 days from the date of receipt of the request from the investment registration agency, the consulted agencies shall provide appraisal opinions on contents within their respective state management scope and send to the investment registration agency.

Where the project is subject to a preliminary environmental impact assessment as prescribed by the law on environmental protection, the provincial specialized agency for environmental protection shall fulfill the responsibility prescribed in this Clause with respect to the contents of the preliminary environmental impact assessment;

d) Within 14 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the investment registration agency shall make an appraisal report covering the appraisal contents prescribed in Clause 7 or Clause 8, Article 31 of this Decree and submit to the provincial People’s Committee.”

c) To amend and supplement Clause 5 as follows:

“5. Within 03 days from the date of receipt of the dossier and the appraisal report, the provincial People’s Committee shall consider approving the investment policies for the project, covering the contents prescribed in Clause 7, Article 32 of this Decree.”

          d) To amend and supplement Clause 7 as follows:

“7. With respect to investment projects in industrial zones, export processing zones, centralized digital technology zones, high-tech zones, and economic zones as prescribed in Clause 2, Article 32 of the Law on Investment, the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones shall implement the procedures for approval of investment policies as follows:

a) The investor or the competent state agency prescribed at Point b, Clause 5, Article 31 of this Decree shall submit 01 set of the dossier of application for approval of investment policies in accordance with the corresponding provisions of Clause 1 or Clause 2, Article 31 of this Decree, together with the electronic copy of the dossier, to the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones;

b) Within 02 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones shall forward the dossier to seek appraisal opinions from the concerned local agencies on the contents within their respective state management scope as prescribed in Clause 7 or Clause 8, Article 31 of this Decree. For projects of foreign investors or economic organizations with foreign investment implemented on islands, in border communes, wards, or townships, and in coastal communes, wards, or townships, or in other areas affecting national defense and security, the investment registration agency shall consult the provincial Military Command and the provincial Police regarding satisfaction of the conditions ensuring national defense and security;

c) Within 07 days from the date of receipt of the request from the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones, the consulted agencies shall provide appraisal opinions on contents within their respective state management scope and send to the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones;

d) Within 17 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones shall make an appraisal report covering the contents prescribed in Clause 7 or Clause 8, Article 31 of this Decree and shall issue a decision approving the investment policies covering the contents prescribed in Clause 7, Article 32 of this Decree.”

dd) To add Clause 9 after Clause 8 as follows:

“9. Investment projects that concurrently fall under the authority of approval of investment policies of 02 or more provincial People’s Committees shall be implemented as follows:

a) The investor shall choose to carry out the procedures for approval of investment policies at the locality where it is proposed to use the majority of the land area, or where the main works of the project are to be constructed, or where the majority of the project’s activities are to be implemented in that locality, unless otherwise provided for by law;

b) The provincial People’s Committee where the investor submits the dossier of application for approval of investment policies shall seek opinions from the related provincial People’s Committees and shall consider approving the investment policies for the entire project upon receipt of the approval opinions of all provincial People’s Committees where the project is implemented;

c) For projects proposing investor selection through the form of auction of land use rights or through bidding, the provincial People’s Committee where the investor proposes to implement the project shall act as the lead agency and shall coordinate with the related agencies and localities to organize the auction of land use rights or the bidding for investor selection in accordance with the land law and the law on bidding;

d) The written approval of investment policies shall serve as the basis for the localities where the project is implemented to allocate land, lease land, and approve land use change for the land area within their respective localities and for the implementation of the project.”

11. To amend and supplement a number of points and clauses of Article 34 as follows:

a) To amend and supplement Point a, Clause 3 as follows:

“a) Investment projects on construction and business operation of infrastructure of industrial zones, export processing zones, centralized digital technology zones, high-tech zones, and functional zones within economic zones;”

b) To add Clause 3a after Clause 3 of Article 34 as follows:

“3a. In cases of change of the project implementation location, the Department of Finance or the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones where the project is relocated shall be competent to issue, adjust, and revoke the Certificate of investment registration.”

12. To amend and supplement Clause 1 and the opening paragraph of Clause 3, Article 36 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The investor shall submit 01 set of the application dossier for issuance of the Certificate of investment registration, comprising the contents prescribed in Clause 1, Article 31 of this Decree to the investment registration agency. In cases where the investment project is implemented in 02 or more provincial-level administrative units, the investor shall submit the dossier to the Department of Finance of one province or centrally-run city where the investor implements the investment project, establishes or intends to establish the executive office, in order to request issuance of the Certificate of investment registration for the project.”

b) To amend and supplement the opening paragraph of Clause 3 as follows:

“The investment registration agency shall issue the Certificate of investment registration to the investor within 10 days from the date of receipt of a valid dossier where the project satisfies the following conditions:”

13. To amend and supplement a number of points and clauses of Article 44 as follows

a) To amend and supplement Clause 1 as follows:

“1. The investor shall submit 01 set of the application dossier together with the electronic copy of the dossier to the Ministry of Finance. The dossier includes:

a) A written request for adjustment of the investment project;

b) A report on the status of implementation of the investment project up to the time of adjustment;

c) The investor’s decision on adjustment of the investment project in cases where the investor is an organization;

d) Explanations or provision of documents related to the adjustment of the contents prescribed at Points b, c, d, dd, e, g, and h, Clause 1, Article 31 of this Decree (if any).”

b) To amend and supplement Clause 2 as follows:

“2. Procedures for adjustment of the investment project:

a) Within 03 days from the date of receipt of a valid dossier, the Ministry of Finance shall send the dossier to the competent state agencies as prescribed in Clause 3, Article 32 of this Decree for consultation on the contents of adjustment of the investment project;

b) Within 10 days from the date of receipt of a valid dossier, the consulted agencies shall provide opinions on the adjusted contents of the investment project falling within their respective state management scope;

c) Within 20 days from the date of receipt of a valid dossier, the Ministry of Finance shall make an appraisal report on the adjusted contents of the investment project for submission to the Prime Minister;

d) Within 05 days from the date of receipt of the appraisal report of the Ministry of Finance, the Prime Minister shall decide to approve the adjustment of investment policies. The decision approving the adjustment of investment policies shall be sent to the Ministry of Finance, the investment registration agency, and the investor, ministries, agencies concerned with the implementation of the investment project, and the authority approving the investor (if any).”

14. To amend and supplement a number of points and clauses of Article 45 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The investor shall submit 01 set of the dossier prescribed in Clause 1, Article 44 of this Decree, together with the electronic copy of the dossier to the investment registration agency.

For investment projects on construction and business operation of infrastructure of industrial zones, export processing zones, and centralized digital technology zones, the investor shall submit the dossier to the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones, or to the Department of Finance in cases where the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones has not yet been established.”

b) To amend and supplement Clause 2 as follows:

“a) Within 02 days from the date of receipt of a valid dossier, the investment registration agency shall send the dossier to the competent state agencies as prescribed at Point b, Clause 4, Article 33 of this Decree for consultation on the adjusted contents of the investment project;

b) Within 07 days from the date of receipt of the dossier, the consulted agencies shall provide opinions on the adjusted contents of the investment project falling within their respective state management scope;

c) Within 14 days from the date of receipt of a valid dossier, the investment registration agency shall make an appraisal report on the adjusted contents of the investment project for submission to the provincial People’s Committee;

d) Within 03 days from the date of receipt of the dossier and the appraisal report of the investment registration agency, the provincial People’s Committee shall decide on the approval of adjustment of investment policies. The decision approving the adjustment of investment policies shall be sent to the investment registration agency and the investor, to the authority approving the investor in cases of investor approval in accordance with Clause 3, Article 29 of the Law on Investment, and to specialized departments and agencies concerned with the implementation of the investment project.”

c) To add Clause 3 after Clause 2 as follows:

“3. In cases of adjustment of the implementation schedule, the term of operation of the investment project in accordance with Clause 1b, Article 27 of this Decree, or in cases where the investor requests to update information on the project implementation location on the basis of the arrangement of administrative units and the organization of two-level local government, the investor shall carry out the following procedures:

a) The investor shall submit 01 set of the dossier to the investment registration agency.

The dossier comprises the investor’s written request; the decision on land allocation, decision on land lease, decision on land use change, or the land handover document issued by the competent state agency (in cases prescribed in Clause 1b, Article 27 of this Decree).

b) Within 02 working days from the date of receipt of a valid dossier, the investment registration agency shall make a report to the provincial People’s Committee for consideration and decision on approval of adjustment of investment policies, without having to follow the procedures prescribed in Clause 2 of this Article.

c) Within 03 working days from the date of receipt of the dossier and the report of the investment registration agency, the provincial People’s Committee shall decide on the approval of adjustment of investment policies. The decision approving the adjustment of investment policies shall be sent to the investment registration agency and the investor, to the authority approving the investor in cases of investor approval in accordance with Clause 3, Article 29 of the Law on Investment, and to specialized departments and agencies concerned with the implementation of the investment project.”

15. To amend and supplement a number of clauses of Article 46 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The investor shall submit 01 set of the dossier prescribed in Clause 1, Article 44 of this Decree, together with the electronic copy of the dossier to the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones;”

b) To amend and supplement Clause 2 as follows:

“2. Within 02 days from the date of receipt of a valid dossier, the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones shall send the dossier to the competent state agencies as prescribed at Point b, Clause 7, Article 33 of this Decree for consultation on the adjusted contents of the investment project;”

c) To amend and supplement Clause 3 as follows:

“3. Within 07 days from the date of receipt of the dossier, the consulted agencies shall provide opinions on the adjusted contents of the investment project falling within their respective state management scope;”

d) To amend and supplement Clause 4 as follows:

“4. Within 17 days from the date of receipt of a valid dossier, the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones shall decide on the approval of adjustment of investment policies. The decision approving the adjustment of investment policies shall be sent to the investor and to the agencies concerned with the implementation of the investment project.”

dd) To add Clause 5 after Clause 4 as follows:

“5. In cases of adjustment of the implementation schedule, the term of operation of the investment project in accordance with Clause 1b, Article 27 of this Decree, or in cases where the investor requests to update information on the project implementation location on the basis of the arrangement of administrative units and the organization of two-level local government, the investor shall carry out the following procedures:

a) The investor shall submit 01 set of the dossier to the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones.

The dossier comprises the investor’s written request; the decision on land allocation, decision on land lease, decision on land use change, or the land handover document issued by the competent state agency (in cases prescribed in Clause 1b, Article 27 of this Decree).

b) Within 05 working days from the date of receipt of a valid dossier, the Management Board of industrial zones, export processing zones, high-tech zones, and economic zones shall decide on the approval of adjustment of investment policies. The decision approving the adjustment of investment policies shall be sent to the investor and to the agencies concerned with the implementation of the investment project.”

16. To amend and supplement Article 47 as follows:

“Article 47. Procedures for adjustment of investment projects that have been granted investment registration certificates and are not subject to approval for adjustment of investment policies

1. In cases where the adjustment of the investment project relates to the change of the project name, the investor’s name on the Certificate of investment registration, or in cases of adjustment of the implementation schedule, the term of operation of the investment project in accordance with Point 1b, Article 27 of this Decree, or where the investor requested to update information on the project implementation location on the basis of the arrangement of administrative units and the organization of two-level local government, the investor shall submit a written request for adjustment of the investment project to the investment registration agency, together with documents relating to the change of project name or investor name (for cases of change of project or investor name); or the decision on land allocation, decision on land lease, decision on land use change, or the land handover document issued by the competent state agency (for cases prescribed in Clause 1b Article 27 of this Decree).

Within 03 working days from the date of receipt of the written request for adjustment of the Certificate of investment registration and relevant documents (if any), the investment registration agency shall adjust the Certificate of investment registration for the investor.

2. In cases where the adjustment of the investment project does not fall under the contents prescribed in Clause 1 of this Article, the investor shall submit 01 set of the dossier prescribed in Clause 1, Article 44 of this Decree to the investment registration agency. Within 07 working days from the date of receipt of a valid dossier, the investment registration agency shall adjust the Certificate of investment registration for the investor.”

17. To amend and supplement a number of points and clauses of Article 48 as follows:

a) To amend and supplement Point a, Clause 6 as follows:

“a) The investor transferring the project shall submit 01 set of the dossier as prescribed in Clause 5 of this Article, together with the electronic copy of the dossier to the Ministry of Finance, or shall submit 01 set of the dossier as prescribed in Clause 5 of this Article, together with the electronic copy of the dossier, to the investment registration agency corresponding to the authority competent to approve the investment policies of the project;”

b) To amend and supplement Clause 8 as follows:

“8. With respect to investment projects that has been approved for investment policies, where the transfer of the project does not change the contents of the investment policies approval and falls under one of the cases prescribed at Points a, b, c, d, dd, and e, Clause 3, Article 41 of the Law on Investment, the investor transferring the project shall not be required to carry out the procedures for adjustment of investment policies approval but shall instead carry out the procedures for adjustment of the Decision on approval of the investor, as follows:

a) The investor transferring the project shall submit 01 set of the dossier as prescribed in Clause 5 of this Article, together with the electronic copy of the dossier to the investment registration agency, in which the written request for adjustment of the investment project shall be replaced by the written request for approval of adjustment of the investor;

b) Within 02 days from the date of receipt of a valid dossier, the investment registration agency shall send the dossier to the relevant agencies of the same level for consultation on the satisfaction of the requirements prescribed at Points b, c, and d, Clause 8, Article 31 of this Decree;

c) Within 07 days from the date of receipt of the dossier, the consulted agencies shall provide opinions on matters within their state management scope and send to the investment registration agency;

d) Within 14 days from the date of receipt of a valid dossier, the investment registration agency shall make an appraisal report covering the contents prescribed at Points b, c, and d, Clause 8, Article 31 of this Decree and submit to the provincial People’s Committee;

dd) Within 03 days from the date of receipt of the dossier and the appraisal report, the provincial People’s Committee shall issue a decision approving the adjustment of the investor;

e) The decision approving the adjustment of the investor shall record the transferring investor and the receiving investor, the transferred portion of the project (if any), and shall be sent to the investment registration agency, the relevant state agencies, the transferring investor, and the receiving investor.”

18. To amend and supplement Point a, Clause 3, Article 50 as follows:

“a) For investment projects that has been approved for investment policies, the investor shall submit 01 set of the dossier together with the electronic copy of the dossier to the Ministry of Finance, or 01 set of the dossier together with the electronic copy of the dossier to the investment registration agency corresponding to the competence for approval of investment policies of the project.

The dossier comprises a written request for adjustment of the investment project; a report on the status of implementation of the investment project up to the time of division, separation, or merger of the investment project; the investor’s decision on division, separation, or merger of the investment project or another legally valid document of equivalent effect; documents on the investor’s legal status; a copy of the Certificate of investment registration or the Decision on approval of investment policies (if any); a copy of the Decision on approval of the investor (if any); explanations or provision of documents relating to the adjustment of the contents prescribed at Points b, c, d, dd, e, g, and h, Clause 1, Article 31 of this Decree (if any);”

19. To amend and supplement a number of points and clauses of Article 51 as follows:

a) To amend and supplement Point d, Clause 2 as follows:

“d) Explanations or provision of documents relating to the adjustment of the contents prescribed at Points b, c, d, dd, e, g, and h, Clause 1, Article 31 of this Decree (if any);”

b) To amend and supplement Clause 3 as follows:

“3. For investment projects that has been approved for investment policies, where the adjustment of the investment project upon reorganization results in a change in the contents of investment policies approval falling under one of the cases prescribed in Clause 3, Article 41 of the Law on Investment, the investor shall submit 01 set of the dossier prescribed in Clause 2 of this Article together with the electronic copy of the dossier to the Ministry of Finance, or 01 set of the dossier prescribed in Clause 2 of this Article together with the electronic copy of the dossier to the investment registration agency corresponding to the competence for approval of investment policies of the project, in order to adjust the investment project in accordance with the corresponding provisions of Articles 44, 45, and 46 of this Decree. The decision approving the adjustment of investment policies shall be sent to the investor and to the investment registration agency.”

20. To amend and supplement Clause 5 of Article 52 as follows:

“5. For investment projects that has been approved for investment policies, where the capital contribution results in a change in the contents of the Decision on approval of investment policies falling under one of the cases prescribed in Clause 3, Article 41 of the Law on Investment, the contributing investor shall submit 01 set of the dossier prescribed in Clause 3 of this Article together with the electronic copy of the dossier to the Ministry of Finance, or 01 set of the dossier prescribed in Clause 3 of this Article together with the electronic copy of the dossier to the investment registration agency, in order to carry out procedures for adjustment of the project in accordance with the corresponding provisions of Articles 44, 45, and 46 of this Decree.

In cases of contribution of part of the land use rights or assets attached to land which do not fall under one of the cases prescribed in Clause 3, Article 41 of the Law on Investment, the contributing investor shall not be required to carry out procedures for approval of adjustment of investment policies.”

21. To amend and supplement Point a, Clause 4, Article 53 as follows:

“a) In cases where the business cooperation results in a change in the contents of the Certificate of investment registration, the Decision on approval of the investor, or a change in the contents of the Decision on approval of investment policies falling under one of the cases prescribed in Clause 3, Article 41 of the Law on Investment, the investor shall submit 01 set of the dossier prescribed in Clause 3 of this Article, together with the electronic copy of the dossier to the Ministry of Finance, or 01 set of the dossier prescribed in Clause 3 of this Article, together with the electronic copy of the dossier to the investment registration agency, in order to carry out the procedures for adjustment of the investment project in accordance with the corresponding provisions of Articles 44, 45, 46, and 47 of this Decree;”

22. To amend and supplement Clause 2 Article 55 as follows:

“2. Procedures for extension of the term of operation of the investment project as prescribed in Clause 4, Article 27 of this Decree shall be implemented as follows:

a) For investment projects that has been approved for investment policies, the investor shall submit 01 set of the dossier together with the electronic copy of the dossier to the Ministry of Finance or to the investment registration agency corresponding to the competence for approval of investment policies of the project.

The dossier comprises a written request for extension of the term of operation of the investment project; a report on the status of implementation of the investment project up to the time of submission of the dossier; the Decision on approval of investment policies; the Certificate of investment registration; the Decision on approval of the investor or another legally valid equivalent document; the Certificate of land use rights or another legally valid equivalent document; documents evidencing the investor’s financial capacity, comprising one of the following: the investor’s financial statements for the 02 most recent years; a commitment of financial support from the parent company; a commitment of financial support from a financial institution; a guarantee of the investor’s financial capacity; or other documents evidencing the investor’s financial capacity;

b) Within 02 days from the date of receipt of a valid dossier as prescribed at Point a of this Clause, the Ministry of Finance or the investment registration agency shall send the dossier to the land administration authority and relevant agencies for consultation on the satisfaction of the conditions prescribed in Clause 4, Article 44 of the Law on Investment and Clauses 4 and 10, Article 27 of this Decree;

c) Within 07 days from the date of receipt of the dossier, the consulted agencies shall provide opinions on the satisfaction of the conditions prescribed in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of this Decree;

d) Within 14 days from the date of receipt of a valid dossier, the Ministry of Finance or the investment registration agency shall consider the conditions for extension of the term of operation of the investment project as prescribed in Clause 4, Article 44 of the Law on Investment and Clauses 4 and 10, Article 27 of this Decree, and for preparation an appraisal report and submission to the authority approving investment policies;

dd) Within 03 days from the date of receipt of the appraisal report of the Ministry of Finance or the investment registration agency, the authority approving investment policies shall decide on the extension of the term of operation of the investment project;

e) For investment projects already granted the Certificate of investment registration and not falling under the category of approval of investment policies, the investor shall submit 01 set of the dossier as prescribed at Point a of this Clause, together with the electronic copy of the dossier to the investment registration agency. The investment registration agency shall carry out the procedures in accordance with the corresponding provisions at Points b, c, d, and dd of this Clause to extend the term of operation of the investment project.”

23. To amend and supplement Article 61 as follows:

“Article 61. Investment in construction and business operation of infrastructure of industrial zones, export processing zones, high-tech zones, centralized digital technology zones, and economic zones

1. Investment activities in construction and business operation of infrastructure of industrial zones, export processing zones, and centralized digital technology zones shall conform to the construction planning of industrial zones, export processing zones, and centralized digital technology zones approved by the competent authority.

2. With respect to areas with difficult socio-economic conditions, based on the specific conditions of the locality, the provincial People’s Committee shall submit to the Prime Minister for decision on establishment or assignment of a public service unit with revenue-generating activities to act as the investor of the project on construction and business operation of infrastructure of industrial zones, export processing zones, and centralized digital technology zones.

3. The investor implementing a project on construction and business operation of infrastructure of industrial zones, export processing zones, high-tech zones, centralized digital technology zones, and functional zones within economic zones shall be entitled to carry out the following activities:

a) Construction of factories, offices, and warehouses for sale or lease;

b) Determination of land lease prices, sublease prices of land with constructed technical infrastructure; fees for use of infrastructure; prices for lease or sale of factories, offices, warehouses, and other service fees in accordance with law, and registration with the Management Board of industrial zones, export processing zones, high-tech zones, centralized digital technology zones, and economic zones regarding the price framework and types of infrastructure use fees. Registration of the price framework and types of infrastructure use fees shall be made periodically every 06 months or in cases where there is an adjustment differing from the registered price framework and types of infrastructure use fees;

c) Collection of infrastructure use fees;

d) Transfer of land use rights, land lease, and sublease of land with constructed technical infrastructure within industrial zones, export processing zones, high-tech zones, centralized digital technology zones, and functional zones within economic zones to other investors in accordance with the land law and the law on real estate business;

dd) Other activities in accordance with the Law on Investment, this Decree, the Government’s regulations on industrial zones, export processing zones, high-tech zones, centralized digital technology zones, economic zones, and relevant laws.”

24. To amend and supplement the title, opening paragraph, and Clause 5 of Article 62 as follows:

a) To amend and supplement the title as follows:

“Article 62. Implementation of investment projects in industrial zones, export processing zones, high-tech zones, centralized digital technology zones, and economic zones”

b) To amend and supplement the opening paragraph as follows:

“For investment projects in industrial zones, export processing zones, high-tech zones, centralized digital technology zones, and economic zones, investors shall be entitled to carry out the following activities:”

c) To amend and supplement Clause 5 as follows:

“5. Other activities in accordance with the Law on Investment, this Decree, the Government’s regulations on industrial zones, export processing zones, high-tech zones, centralized digital technology zones, economic zones, and other relevant laws.”

25. To add Clause 1a after Clause 1, Article 63 as follows:

“1a. An economic organization established by a foreign investor to implement a project in accordance with Point d, Clause 1, Article 22 of the Law on Investment shall register investment and business lines consistent with the fields of operation prescribed at Point d, Clause 1, Article 22 of the Law on Investment, and shall only adjust the enterprise registration contents to add other investment and business lines after having been granted the Certificate of investment registration in accordance with this Decree.”

26. To amend and supplement Clause 4, Article 66 as follows:

“4. In cases where an economic organization with foreign investors contributing capital, purchasing shares, or purchasing capital contributions holds a Certificate of land use rights on islands, in border communes, wards, or townships, and in coastal communes, wards, or townships; or in other areas affecting national defense and security, the investment registration agency shall carry out the following procedures:

a) Within 02 days from the date of receipt of a valid dossier as prescribed in Clause 2 of this Article, the investment registration agency shall consult the provincial Military Command and the provincial Public Security regarding the satisfaction of the conditions prescribed at Point b, Clause 4, Article 65 of this Decree;

b) Within 05 days from the date of receipt of the written request from the investment registration agency, the provincial Military Command and the provincial Public Security shall provide opinions on the satisfaction of conditions ensuring national defense and security with respect to the economic organization having foreign investors contributing capital, purchasing shares, or purchasing capital contributions; if no opinions are provided within the prescribed time limit, shall be deemed as consent regarding the satisfaction of conditions ensuring national defense and security for the economic organization having foreign investors contributing capital, purchasing shares, or purchasing capital contributions;

c) Within 10 days from the date of receipt of a valid dossier, the investment registration agency shall consider the satisfaction of conditions for capital contribution, purchase of shares, or purchase of capital contributions in accordance with Clause 2, Article 24 of the Law on Investment and Clause 4, Article 65 of this Decree, and based on the opinions of the provincial Military Command and the provincial Public Security, shall notify the investor. The written notification shall be sent to the foreign investor and to the economic organization having foreign investors contributing capital, purchasing shares, or purchasing capital contributions.”

27. To add Article 105a after Article 105 as follows:

“Article 105a. Comprehensive investment inspection, investment project inspection

The comprehensive investment inspection, investment project inspection shall be implemented in accordance with the Government’s regulations on inspection, supervision, and evaluation of investment.”

28. To add Article 114a after Article 114 as follows:

“Article 114a. Handling of valid dossiers already received

For valid dossiers of request for approval or adjustment of investment policies received before the effective date of this Decree, the Ministry of Finance and the investment registration agency shall be entitled to continue to use the dossiers already submitted by the investor and the appraisal opinions of the competent authority previously obtained in order to make the appraisal report, approval, or adjustment of investment policies in accordance with the Law on Investment and this Decree.

The Ministry of Finance and the investment registration agency shall decide to require the investor to amend or supplement the dossier, or to consult the competent authority for appraisal opinions on the amended or supplemented contents of the investment project, where necessary.”

29. To add Article 117a after Article 117 as follows:

“Article 117a. Transfer of secondary construction investment projects in urban areas as prescribed in Clause 3a, Article 77 of the Law on Investment

1. The dossier of application for implementation of transfer of the investment project shall comprise the documents prescribed at Points a, b, c, d, e, and g, Clause 5, Article 48 of Decree No. 31/2021/ND-CP, together with a copy of the Certificate of land use rights and documents/materials relating to the investment project.

2. In cases where there is a demand as prescribed in Clause 3a, Article 77 of the Law on Investment, the investor shall carry out the following procedures:

a) The investor transferring the project shall submit 01 set of the dossier prescribed in Clause 1 of this Article, together with the electronic copy of the dossier to the Department of Finance;

b) The Department of Finance shall consider the conditions for transfer of the investment project as prescribed in Clause 3a, Article 77 of the Law on Investment, to report to the provincial People’s Committee for approval of investment policies concurrently with approval of the investor for investor receiving the transfer within 14 days from the date of receipt of a valid dossier, or to consider issuance of the Certificate of investment registration within 10 days from the date of receipt of a valid dossier;

Within 03 days from the date of receipt of the report of the Department of Finance, the provincial People’s Committee shall consider approval of investment policies concurrently with approval of the investor.”

30. To annul serial numbers 11 and 18 in Section A of Appendix I on the List of business sectors and trades not accessible to foreign investors.

31. To add serial numbers 60 and 61 after serial number 59 in Section B of Appendix I on the List of business sectors and trades with conditional market access for foreign investors as follows:

“60. Manufacturing and trading of weapons, explosives, and supporting tools;

61. Manufacture of military materials or equipment; trading in military uniforms and supplies for the armed forces, military weapons, technical equipment, specialized military and police means, components, parts, spare parts, supplies and special-use equipment, and specialized technologies for their manufacture.”

32. To add serial numbers 9, 10, 11, 12, 13, 14, and 15 after serial number 8 in Section A.I of Appendix II on the List of sectors and trades entitled to investment incentives as follows:

“9. Manufacture of products and provision of key digital technology services.

10. Construction of artificial intelligence data centers; development of artificial intelligence systems; research and development, design, manufacture, packaging, and testing of semiconductor chip products.

11. Investment projects on construction and business operation of infrastructure of centralized digital technology zones.

12. Investment projects in the field of digital technology within centralized digital technology zones.

13. Start-up projects in the digital technology industry.

14. Investment activities in construction of digital technology industry infrastructure.

15. Activities of manufacturing raw materials, materials, equipment, machinery, and tools for the semiconductor industry falling within the List of raw materials, materials, equipment, machinery, and tools for the semiconductor industry encouraged for investment in research and production.”

33. To amend and supplement serial number 3 in Section A.III of Appendix II on the List of sectors and trades entitled to investment incentives as follows:

“3. Investment in development of water plants, power plants, water supply and drainage systems; roads and bridges; investment in development, operation, and management of railway infrastructure works, railway transport business, railway industry, and railway human resource training; airports, seaports, inland waterway ports; airfields, terminals, and other particularly important infrastructure works as decided by the Prime Minister.”

34. To amend and supplement serial number 8 in Section A.IV of Appendix II on the List of sectors and trades entitled to investment incentives as follows:

“8. Investment in business operation of rehabilitation – education – social labor centers; tobacco rehabilitation facilities; HIV/AIDS treatment facilities; public drug rehabilitation facilities; private drug rehabilitation facilities; community counseling points and support centers for drug addiction treatment at commune level.”

35. To add serial numbers 21 and 22 after serial number 20 in Section B.I of Appendix II on the List of sectors and trades entitled to investment incentives as follows:

“21. Manufacture of digital technology products.

22. Provision of digital technology services.”

36. To amend and supplement a number of contents in Section B.IV of Appendix II on the List of sectors and trades entitled to investment incentives as follows:

a) To amend and supplement serial number 1 as follows:

“1. Investment in business operation of infrastructure of educational and training institutions, vocational education institutions; investment in development of non-public educational and training institutions, vocational education institutions at the levels of preschool, general education, vocational education, and higher education.”

b) To amend and supplement serial number 8 as follows:

“8. Investment in business operation of commune-level public libraries, specialized libraries, university libraries, libraries of educational institutions, community libraries, private libraries serving the community, and development of reading culture for lifelong learning.”

c) To add serial number 10 after serial number 9 as follows:

“10. Training human resources in the fields of science, technology, innovation, and national digital transformation.”

37. To amend and supplement serial number 55 in the List of investment incentive areas prescribed in Appendix III as follows:

Article 2. To replace certain phrases in the Government’s Decree No. 31/2021/ND-CP dated March 26, 2021 detailing and guiding the implementation of a number of articles of the Law on Investment

1. To replace the entire phrase “Ministry of Planning and Investment” with the phrase “Ministry of Finance” in this Decree.

2. To replace the entire phrase “Ministry of Agriculture and Rural Development” with the phrase “Ministry of Agriculture and Environment” in this Decree.

3. To replace the entire phrase “Department of Planning and Investment” with the phrase “Department of Finance” in this Decree.

Article 3. Implementation provisions

1. This Decree shall take effect from the date of signing and promulgation.

2. Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, and Chairpersons of People’s Committees of provinces and centrally-run cities shall, within the scope of their respective functions and duties, guide and implement this Decree.