Nội dung toàn văn Circular No. 16/2015/TT-BKHDT application investment procedures investment reporting forms 2015
MINISTRY OF PLANNING AND INVESTMENT | SOCIALIST REPUBLIC OF VIETNAM |
No.16/2015/TT-BKHDT | Hanoi, November 18, 2015 |
CIRCULAR
REGULATIONS ON APPLICATION FORMS FOR INVESTMENT PROCEDURES AND REPORTING FORMS ON INVESTMENT IN VIETNAM
Pursuant to the Law No. 67/2014/QH13 on Investment dated November 26, 2014;
Pursuant to the Decree No. 118/2015/ND-CP on detailing and guiding the implementation of a number of articles of the Law on Investment dated November 12, 2015 of the Government;
Pursuant to the Decree No. 116/2008/ND-CP on functions, tasks, entitlement and the organizational structure of the Ministry of Planning and Investment dated November 14, 2008 of the Government;
At requests of the Director of the Foreign Investment Agency;
The Minister of Planning and Investment issues this Circular provides application forms for investment procedures and Vietnam’s investment reporting forms.
Article 1. Scope
1. This Circular provides application forms for investment procedures and periodic reporting forms on the investment for investors and business organizations executing projects in Vietnam and State regulatory authorities in charge of managing the investment (hereinafter referred to as “State regulatory authority”).
2. Application forms for project execution intra vires the National Assembly’s Investment policy decision shall be made in accordance with the Government’s regulations.
Article 2. Regulated entities
1. Investors and business organizations investing in Vietnam.
2. Investment Registration Authorities;
3. Competent State regulatory authorities;
4. Other relevant entities.
Article 3. Investment application forms and investment reporting forms
1. This Circular is issued together with the following forms:
a) Application forms for investment procedures carried out by investors and business organizations executing projects in Vietnam presented in the Annex I.
b) Application forms for investment procedures carried out by competent State regulatory authorities presented in the Annex II.
c) Investment reporting forms for investors and business organizations executing projects in Vietnam presented in the Annex III.
d) Investment periodic reporting forms for competent State regulatory authorities presented in the Annex IV.
2. Every entity shall comply with the form format and content as stipulated hereof.
3. Application forms for investment in Vietnam shall apply consistently nationwide. The Investment Registration Certificate shall be made in A4 size paper, and the blank form of the Investment Registration Certificate shall be prescribed and publicized on the National Foreign Investment Web Portal by the Ministry of Planning and Investment.
4. The signature of documents and investment application forms:
a) With regard to investment in the form of business organizations: prior to the establishment of the business organization, the investor shall contribute his/her capital to the business organization that is in his/her name and sign documents and applications for the Investment Registration Certificate. After the establishment of the business organization, the investor shall sign documents, investment application and investment reports on the business organization behalf.
b) With regard to investment in the form of capital contribution, share/stake acquisition: the investor and business organization that takes contributions, shares or stakes shall sign the applications for capital contribution or share/stake acquisition;
a) With regard to investment in the form of BCCs: parties to BBCs shall sign documents and applications for Investment Registration Certificates.
5. Every investor specified in clause 4 of this Article shall initial each page of the application for the project execution and put his/her signature on the last page of such application.
6. For projects invested by Vietnamese investors, the investments shall be expressed in VND.
Article 4. Implementation
1. This Circular enters into force after 45 days from the date of signature.
2. This Circular shall replace the Decision No.1088/2006/QD-BKH on issuance of application forms for investment procedures in Vietnam dated October 19, 2006 of the Minister of Planning and Investment.
3. Any issue arising during the implementation of this Circular should be promptly reported to the Ministry of Planning and Investment./.
| MINISTER |
LIST
OF APPLICATION FORMS FOR INVESTMENT IN VIETNAM
No. | Application forms and applicable laws | Symbol | Page Number |
Annex I: Application forms ( for investors) | |||
1 | Application form for project execution (specified in Articles 33, 34, 35 and 37 of the Law on Investment ) | Form I.1 | 4 |
2 | Project proposal form (for projects specified in the Decision on Investment Policies - Articles 33, 34 and 35 of the Law on Investment) | Form I.2 | 7 |
3 | Project proposal form(for projects other than those specified in the Decision on Investment Policies - clause 2, Article 37 of the Law on Investment) | Form I.3 | 11 |
4 | Application form for capital contribution, or acquisition of shares/stakes/contributions by foreign investors (specified in point a, clause 1, Article 26 of the Law on Investment ) | Form I.4 | 14 |
5 | Application forms for establishment of executive offices (specified in point a, clause 4, Article 49 of the Law on Investment ) | Form I.5 | 18 |
6 | Application form for adjustment to investment projects (for adjusted projects specified in the Investment Policies - Article 34, 35, 36, 37 of the Decree 118/2015/ND-CP) | Form I.6 | 20 |
7 | Application form for adjustment to investment projects (for adjusted projects other than those specified in the Investment Policies - Article 33 of the Decree 118/2015/ND-CP) | Form I.7 | 23 |
8 | Reporting form on project progression up to the time of adjustment( for projects specified in Articles 33, 34, 35, 36 and 37 of the Decree No. 118/2015/ND-CP) | Form I.8 | 26 |
9 | Application form for extension of the project schedule (for projects specified in clause 1, Article 46 of the Law on Investment ) | Form I.9 | 27 |
10 | Notice of suspension of project execution (for projects prescribed in clause 1, Articles 47 of the Law on Investment ) | Form I.10 | 29 |
11 | Notice of termination of project execution (for projects prescribed in point a, b and c, clause 1, Articles 48 of the Law on Investment ) | Form I.11 | 31 |
12 | Application form for replacement of the Investment Registration Certificate (specified in Article 61 of Decree 118/2015/ND-CP) | Form I.12 | 33 |
13 | Project progress reporting form (for foreign-invested business organizations free from undergoing the procedure for Investment Registration Certificates under clause 1, Article 23 and clause 5, Article 71 of the Law on Investment, and clause 2, article 45 of the Decree No. 118/2015/ND-CP) | Form I.13 | 36 |
Annex II: Forms for State regulatory authorities | |||
14 | Decision on Investment Policies of People’s Committee of provinces/Management Boards of industrial parks, export-processing zones, hi-tech parks and economic zones (clause 8, Article 33 of the Law on Investment and Article 32 of the Decree No. 118/2015/ND-CP) | Form II.1 | 39 |
15 | Investment Registration Certificate ( For Investment Registration Certificate issued for the first time – Articles 36 and 39 of the Law on Investment) | Form II.2 | 42 |
16 | Investment Registration Certificate (where the Investment Registration Certificate is adjusted -for adjusted projects specified in the Investment Policies under Article 34, 35, 36, 37 of the Decree 118/2015/ND-CP) | Form II.3
| 45 |
17 | Investment Registration Certificate ( for the replacement of Certificates of Investment/Investment Licenses/Business Licenses prescribed in Article 61 of the Decree No. 118/2015/ND-CP) | Form II.4 | 48 |
18 | Agreement on deposit as security for project execution (Article 42 of the Law on the Law on Investment and 27 of the Decree 118/2015/ND-CP) | Form II.5 | 51 |
19 | Certificate of registration of executive office operations (clause 4, Article 49 of the Law on Investment ) | Form II.6 | 53 |
20 | Application form for extension of project schedule (clause 4, Article 46 of the Law on Investment ) | Form II.7 | 55 |
21 | Decision on termination of project operation (clause 2, Article 48 of the Law on and point c, clause 2, Article 41 of the Decree No. 118/2015/ND-CP) | Form II.8 | 57 |
22 | Notice of fulfillment of investment requirements for capital contribution, share acquisition, contributions repurchase by foreign investors ( point b, clause 1, Article 26 of the Law on Investment) | Form II.9 | 59 |
Annex III: project periodic reporting forms of business organizations executing projects in Vietnam | |||
23 | Monthly progress report | Form 1 | 61 |
24 | Quarterly progress report | Form 2 | 63 |
25 | Annual progress report | Form 3 | 65 |
Annex IV: Investment periodic reporting forms for State regulatory authorities. | |||
26 | Quarterly report on foreign investment status (quarter I and III) for People’s Committee of provinces. | Form 4 | 68 |
27 | 06-month report on foreign investment status for People’s Committee of provinces | Form 5 | 70 |
28 | Annual report on foreign investment status for People’s Committee of provinces | Form 6 | 71 |
29 | Quarterly report on foreign-invested project status for People’s Committee of provinces | Form 7 | 72 |
30 | Quarterly report on foreign-invested project progress (extension of schedule, suspension or termination) for People’s Committees of provinces | Form 8 | 73 |
31 | 06-month report on on-going foreign-invested projects | Form 9 | 74 |
32 | Quarterly status report on the grant of Investment Licenses/Certificates of Investment/Investment Registration Certificates for the first time by State regulatory authorities in charge of investment in specialized fields under applicable laws | Form 10 | 75 |
33 | Quarterly status report on adjustments to Investment Licenses/Certificate of investments/Investment Registration Certificates or the equivalent by State regulatory authorities in charge of investment in specialized fields under applicable laws | Form 11 | 76 |
34 | Quarterly status report on foreign-invested projects (extension, suspension or termination) by State regulatory authorities in charge of investment in specialized fields under applicable laws | Form 12 | 77 |
35 | Quarterly status report on the cooperation in foreign investment in petroleum of Vietnam National Oil and Gas Group | Form 13 | 78 |
36 | The Ministry of Finance’s annual report on FDI enterprises’ import-export | Form 14 | 79 |
37 | The Ministry of Finance’s annual report on foreign-invested enterprises’ businesses and contributions to the State budget | Form 15 | 80 |
38 | The Ministry of Labor, War Invalids and Social Affairs’ annual report on the grant of work permits to foreign workers of foreign-invested business organizations | Form 16 | 81 |
39 | The Ministry of Environment and Natural Resources’s annual report on land lease and land use by foreign-invested enterprises | Form 17 | 82 |
40 | The Ministry of Science and Technology’s annual report on the conclusion and execution of agreements on technology transfer of foreign-invested enterprises. | Form 18 | 83 |
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