Firstly, on the cases where the investment project is terminated:
+ Investors decide to terminate the operation of investment projects by themselves
+ The investment project is terminated due to conditions for terminating operation as prescribed in the contract and the charter of the enterprise.
+ The investment project terminates due to the expiry of the operation duration of the investment project. According to Article 43 of the 2014 Investment Law, the operation duration of an investment project in an economic zone shall not exceed 70 years; outside economic zones for not more than 50 years, in areas with difficult socio-economic conditions, particularly difficult conditions or investment projects with large investment capital but with delayed recovery, the longer term shall not exceed 70 years. . In case an investment project is allocated or leased land by the State but the investor is slowly handed over, the time for delayed handover by the State shall not be included in the operation duration of the investment project.
+ Investment projects are suspended according to decisions of investment state management agencies or the Prime Minister as prescribed in Clause 2 or Clause 3 Article 47 of the 2014 Law on Investment that investors do not have the ability to overcome the conditions that stop working
+ Investors whose land is recovered by the State to implement investment projects or who do not continue to use investment locations and do not carry out procedures for adjusting investment locations within 06 months from the date of issuance of decisions on collection. to recover land or not to continue using the investment location;
+ The investment project has ceased operation and expires within 12 months from the date of cessation of operation, the investment registration agency cannot contact the investor or the investor’s legal representative;
+ After 12 months, if the investor fails to implement or is unable to execute the project according to the schedule registered with the investment registration agency and does not fall into the case of delaying the execution of the investment project according to regulations. in Article 46 of the 2014 Law on Investment;
+ The investment project is shut down according to the judgment or decision of the Court or arbitration.
Second, on the composition, the number of records:
a) Components of dossier include:
– Written notice of termination of investment project operation;
– Decision of the investor on the termination of project operation (Decision and a valid copy of the meeting minutes of the Members’ Council / General Meeting of Shareholders / general partner / owner of the Organization economics of implementing investment projects or other legal documents as prescribed by law)
– Copy of Investment Registration Certificate / Investment Certificate / Investment License / Business License or Decision on investment policy.
– Report of investment project liquidation.
b) Number of application sets: 01 original set.
Thirdly, about the Order of implementation:
+ Step 1: The investor / economic organization implementing the project submits the dossier of project investment termination to the Office of Receiving and returning the results of administrative procedures of Hai Phong Economic Zone Authority (the Ministry of One-door department);
+ Step 2: The officer in charge of checking and guiding the investor, if the dossier is complete and valid, he / she will receive and record “Receipt and appointment to return results”. Transfer the file to the Board leader for consideration and assignment of acceptance;
+ Step 3: Investment Management Department takes over and submits to the leader of the Board for approval the Notice of termination of investment project operation;
+ Step 4: Investor receives Notice at the One-Stop Shop; – How to: Directly at Haiphong Economic Zone Authority.
– Processing time: 15 working days (from the date of receipt of complete and valid file).
– Subjects implementing administrative procedures: Organizations and individuals.
– Agencies carrying out administrative procedures:
+ Competent agencies decide according to the regulations: Hai Phong Economic Zone Authority.
+ Authorized agency or authorized person (if any): No.
+ Agency directly implementing administrative procedures: Department of Investment Management.
+ Coordinating agency (if any): no.
– Results of the implementation of administrative procedures: Notice of termination of investment project operation.
– Fees: no.
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