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Investment consulting for wind power projects in Vietnam
Dossier/documents, procedures, investment process for wind power projects in Vietnam
Step 1: Apply for the decision to approve the investment policy
Applying for the decision to approve the investment policy is not the first activity in the investment process of a wind power project, but it is a very important step and a condition that must be met for the project to be recognized legally and can proceed with the following construction investment steps.
Wind power projects need approval of investment policies from provincial People’s Committees (Article 32 of the Investment Law 2020 and Article 33 of Decree 31/2021/ND-CP).
- a) The investment project requires the State to allocate or lease land without auctioning land use rights or through bidding for investor selection;
- b) An investment project that requires the State to allocate or lease land from households or individuals that are subject to written approval of the provincial People’s Committee in accordance with the land law;
- c) The investment project requires the State to allocate or lease land that is not in the case of receiving the transfer of land use rights and land-attached assets;
- d) An investment project with a request to change the land use purpose is required to have a written permission for the change of land use purpose issued by a competent state agency in accordance with the land law, except for cases where the land of households and individuals use purpose is changed that are not subject to approval by the People’s Committee of the province in accordance with the law on land.
- e) The foreign investor’s wind power investment project has requested the State to allocate or lease land or permit the change of land use purpose in the island and border communes, wards and townships; coastal communes, wards and towns; other areas affecting national defense and security
Wind power projects need the approval of the Prime Minister’s investment policy (Article 31 of the Investment Law 2020)
Investment and development projects of wind power and concurrently under the authority to approve investment policies of 02 or more provincial People’s Committees will be approved by the Prime Minister.
Dossier of application for Decision on approval of investment policy proposed by Investor
- a) A written request for implementation of the investment project, including a commitment to bear all costs and risks if the project is not approved;
- b) Documents on the investor’s legal status;
- c) Documents proving the investor’s financial capacity, including at least one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the investor’s financial capacity;
- d) Investment project proposal, including the following main contents: investor, investment objective, investment scale, investment capital and capital mobilization plan, location, deadline and implementation schedule , information on the current status of land use at the project site and proposed land use needs (if any), labor needs, proposed investment incentives, impacts, economic-social efficiency of the project, preliminary assessment of environmental impacts (if any) in accordance with the law on environmental protection.
If the construction law provides for the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal;
đ) If the investment project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the paper on land use rights or another document determining the right to use the site shall be submitted. to carry out investment projects;
- e) The explanation of the technology used in the investment project, for the project subject to appraisal and consultation on technology in accordance with the law on technology transfer;
- g) Other documents related to the investment project, requirements on conditions and capacity of the investor as prescribed by law (if any).
Time limit for processing application for approval of investment policy
- Up to 65 days for projects that need approval from the Prime Minister;
- Up to 40 days for projects that need approval from the Provincial People’s Committee.
Step 2: Issuing an Investment Registration Certificate at the Investment Registration Authority (Article 35 of Decree 31/2021-ND-CP)
After receiving the policy approval decision of the Prime Minister or the provincial People’s Committee, the Investment Registration Authority shall issue the Investment Registration Certificate to the Investor within 05 working days.
Step 3: Procedures for applying for an Enterprise Registration Certificate
After the investment policy is approved and the Investment registration certificate is granted, the investor shall establish an economic organization (enterprise, company, etc) and go through the procedures for an Enterprise registration certificate at the business registration agency. business.
- Documents for granting an Enterprise registration certificate
- Application for business registration
- Company rules
- List of members/ List of founding shareholders and shareholders being foreign investors
- Certified copies of the following documents:
- Personal identification papers of members being individuals (CCCD; valid ID card or passport);
- Establishment decision, enterprise registration certificate or other equivalent documents of the organization and authorization document; Personal identification document of the member being an individual (CCCD; ID card or passport) of the authorized representative of the member being an organization (Members are foreign organizations: A copy of the Business Registration Certificate or equivalent document must be Consular legalized)
- Investment registration certificate;
- Time: 5-7 working days for Business.
Step 4: Implement the procedures on construction, land, fire prevention and environment of the wind power project
- Siglaw’s special offers for customers
- Free consultation on contracts, regulations on enterprise law, investment law of Vietnam.
- Free consultation on issues related to recruitment, use of foreign workers, residence of foreigners in accordance with Vietnamese law.
- Incentives for regular consultation and answers to tax-related issues: Personal income tax, corporate income tax, etc. at the time of consulting on offshore investment projects.
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Above is the advice of Siglaw Firm on wind power projects. If you have any further questions, please contact:
Phone: (+84) 961 366 238
Email:
Headquarters: Floor 12A Sao Mai Building, 19 Le Van Luong Street, Nhan Chinh Ward, Thanh Xuan District, Hanoi City.
Southern branch: No. 99 Cong Hoa, Ward 04, Tan Binh District, Ho Chi Minh City.
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