(MPI) - In order to have a basis for synthesizing and reporting to the Government for consideration and decision, based on the provisions of Article 91 of the Law on Promulgation of Legal Documents, on December 11, 2024, the Ministry of Planning and Investment held a meeting to collect opinions on the Decree detailing the Investment Law on special investment procedures to take effect at the same time as Law No. 57/2024/QH15 from January 15, 2025.
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| Overview of the meeting. Photo: MPI |
Attending the meeting were representatives of ministries, ministerial-level agencies, government agencies; Department of Planning and Investment of provinces and centrally run cities; Management Boards of Industrial Parks, Export Processing Zones, Economic Zones, High-Tech Parks of provinces and cities; Management Board of Hoa Lac High-Tech Park; Vietnam Federation of Commerce and Industry; Vietnam Business Forum and Associations: small and medium enterprises; foreign invested enterprises. Authorized by the Ministry's leaders, Mr. Hoang Manh Phuong, Director of the Legal Department, Ministry of Planning and Investment chaired the meeting.
Pursuant to the provisions of Clause 12, Article 36a of the Investment Law as amended and supplemented by Law No. 57/2024/QH15 amending and supplementing a number of articles of the Law on Planning, the Law on Investment, and the Law on Investment under the public-private partnership model, the Ministry of Planning and Investment has researched and drafted a Decree detailing the Investment Law on special investment procedures.
Special investment procedures are new, breakthrough regulations applied to investment projects in the fields of semiconductor industry, high technology... in industrial parks, export processing zones, high-tech zones and economic zones in the direction of shifting from "pre-inspection" to "post-inspection". Accordingly, investors carry out investment registration procedures to be granted an Investment Registration Certificate within 15 days and do not have to carry out a number of procedures to be granted a license in the fields of construction, fire prevention, fire fighting and environmental protection (expected to shorten the project implementation time by about 260 days).
From the effective date of Law No. 57/2024/QH15 from January 15, 2025, investors proposing to implement investment projects that meet the conditions specified in Article 36a can register for investment under the new regulations. In addition, according to the provisions of Point c, Clause 2, Article 6 of Law No. 57/2024/QH14, special investment procedures are also applied to projects operating in the fields subject to special investment procedures specified in Clause 8, Article 2 of this Law. Thus, from January 15, 2025, high-tech projects in operation, if meeting the conditions specified in Article 36a, can also choose to apply special investment procedures to shorten the project implementation time.
Therefore, detailed regulations to guide the implementation of Article 36a ensure feasibility in implementing new regulations on special investment procedures, meeting practical requirements.
At the meeting, delegates focused on discussing the specific contents of the Draft; on the detailed provisions on special investment procedures stipulated in Article 36a of the Investment Law, amended and supplemented in Clause 8, Article 2 of Law No. 57/2024/QH15 amending and supplementing a number of articles of the Law on Planning, the Investment Law, the Law on Investment under the public-private partnership model and the Law on Bidding on special investment procedures. At the same time, they focused on giving opinions on the procedures for registering for the issuance of Investment Registration Certificates; procedures for ensuring project implementation; project adjustment; the investor's responsibility to notify the commencement of construction for investment projects with construction components; on the implementation of investment projects;...
The Draft Decree is developed from the viewpoint of closely following the detailed provisions of the contents that need guidance in Article 36a of the Investment Law, ensuring that new regulations on special investment procedures can be implemented in practice; Ensuring consistency and synchronization with Decree No. 31/2021/ND-CP dated March 26, 2021 in the direction that in addition to the provisions of this Decree, projects subject to Article 36a of the Investment Law shall comply with relevant provisions of the Investment Law and Decree No. 31/2021/ND-CP dated March 26, 2021.
Speaking at the meeting, Mr. Hoang Manh Phuong thanked and appreciated the opinions and suggestions of the delegates; at the same time, he said that in parallel with the development of this Decree, the Ministry of Planning and Investment is also developing a guiding circular with many important regulations and forms.
Mr. Hoang Manh Phuong clarified some of the opinions raised and affirmed that, based on the comments, the Ministry of Planning and Investment will continue to study and synthesize to supplement and complete the Draft. The development of this Decree aims to carry out the tasks assigned in the law, promptly detail Article 36a of the Investment Law on special investment procedures, ensuring that it takes effect at the same time as the Law takes effect. In addition, to ensure consistency in the implementation of investment procedures, in accordance with the new provisions of the Investment Law and the Planning Law, the Decree also amends and supplements the provisions on assessing the conformity of investment projects with planning in Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law./.
Source: https://www.mpi.gov.vn/portal/Pages/2024-12-11/Cuoc-hop-lay-y-kien-ve-Nghi-dinh-quy-dinh-chi-tietg45nob.aspx
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