TPO - The Ministry of Planning and Investment has proposed applying special investment procedures for high-tech projects, granting licenses within just 15 days.
The Ministry of Planning and Investment (MPI) is seeking feedback on amendments and additions to four laws related to investment, including the Planning Law, the Investment Law, the Law on Investment under the Public-Private Partnership Method, and the Bidding Law.
In the draft Investment Law, a new issue raised is the proposal for special investment procedures for high-tech investment projects, with a shortened process and licensing within 15 days.
Projects proposed to apply special procedures include high-tech projects (research and development centers; semiconductor microchips, chips, new battery technologies), investments in industrial parks, export processing zones, high-tech zones and functional zones within economic zones.
According to the drafting agency, attracting strategic investors in certain sectors has been implemented in pilot resolutions on specific mechanisms and policies in some localities. However, these projects still follow normal investment procedures as stipulated by laws on investment, bidding, land, construction, environment, fire prevention and control, etc.
In reality, procedures related to land, construction, environment, technology transfer, and fire safety often take a long time. Each procedure has its own specific requirements regarding documentation, sequence, and timeframe; some procedures involve multiple steps (construction procedures), while others must be performed sequentially, with the results of one procedure serving as input for another. On average, the time required to complete all of the above procedures ranges from approximately 250 to 350 days. In practice, the processing time may be longer due to delays in completing related documents and paperwork.
The Ministry of Planning and Investment also proposed that investment projects registered under special procedures should not have to go through the procedures for obtaining licenses, approvals, permits, confirmations, and other requirements in the fields of construction, environmental protection, technology transfer, and fire prevention and fighting.
Investors are responsible for fulfilling all commitments in accordance with the technical standards and regulations stipulated by law regarding construction, environmental protection, technology transfer, and fire prevention and fighting.
In addition, the Ministry of Planning and Investment also proposed two new policies related to investment, including strengthening the decentralization of investment approval authority to provincial People's Committees; supplementing regulations on the establishment of investment support funds; and amending regulations on project termination.
The proposal to delegate the authority to approve investment policies from the Prime Minister to provincial People's Committees is for projects involving the construction and operation of industrial park infrastructure; and new port and dock area construction projects with an investment capital of VND 2,300 billion or less, located in special seaports.
Based on feedback from businesses regarding the amendment and supplementation of several articles of the Investment Law, the Vietnam Chamber of Commerce and Industry (VCCI) believes that these changes represent a breakthrough and a significant reform in the procedures for implementing investment projects, and will greatly shorten project implementation time. However, this regulation relates to many legal documents in the fields of land, construction, technology transfer, environmental protection, fire prevention and fighting, etc.
Drafting regulations that exempt certain procedures, but fail to simultaneously amend existing laws on construction, technology transfer, environmental protection, fire prevention and control, etc., could lead to confusion and inconsistency in application.
Source: https://tienphong.vn/de-xuat-ap-dung-thu-tuc-dac-biet-voi-du-an-cong-nghe-cao-post1673324.tpo
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