PROCEDURES OF TRANSFERING INVESTMENT PROJECT
Law on Investment 2014 and Decree No. 118/2015/ND-CP date on November 12th, 2015 guidelines for some articles of the law on invesment)
1. Conditions of project transfer
The investor is entitled to transfer part or all of the project to another investor when the following conditions are satisfied:
a) The project is not terminated in the cases as prescribed (in Clause 1 Article 48 of this Law);
b) Investment conditions applied to foreign investors are satisfied in case the foreign investor receives a project of investment in conditional business lines;
c) Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;
d) Conditions in the Certificate of investment registration or relevant regulations of law are complied with (if any).
2. Procedures of project transfer
Where transferring a project subject to issuance of the Certificate of investment registration:
- Transfer contract in order to change the investor.
- A written request for permission for execution of the investment project;
- A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).
- An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;
- Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institutions to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
- Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
- Explanation for application of technologies to the project mentioned in Point b Clause 1 Article 32 of this Law, which specifies: names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;
- The business cooperation contract (if the project is executed under a business cooperation contract).
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