THE PEOPLE’S COMMITTEE OF KHANH HOA PROVINCE | SOCIALIST REPUBLIC OF VIETNAM |
No. 2821/QD-UBND | Khanh Hoa, October 19, 2011 |
DECISION
ANNOUNCEMENT OF AMENDED ADMINISTRATIVE PROCEDURES WITHIN THE COMPETENCE OF THE SERVICE OF PLANNING AND INVESTMENT OF KHANH HOA PROVINCE
THE PRESIDENT OF THE PEOPLE’S COMMITTEE OF KHANH HOA PROVINCE
Pursuant to the Law on Organization of the People’s Councils and the People’s Committees dated November 26, 2003;
Pursuant to the Government's Decree No. 63/2010/ND-CP dated June 08, 2010 on administrative procedure control;
Pursuant to the Government's Decree No. 43/2010/ND-CP dated April 15, 2010 on business registration;
Pursuant to the Circular No. 14/2010/TT-BKH of the Ministry of Planning and Investment on business registration
At the request of Director of the Service of Planning and Investment and the Chief of office of the People’s Committee of Khanh Hoa provinces
DECISION
Article 1. A list of amended administrative procedures within the competence of the Service of Planning and Investment of Khanh Hoa province is enclosed to this Decision.
Article 2. This Decision takes effect from the day on which it is signed, and supersedes the Decision no. 446/QD-UBND dated February 09, 2010 of the People’s Committee of Khanh Hoa province on announcement of administrative procedures within the competence of the Service of Planning and Investment.
Article 3. The Chief of office of the People’s Committee, the Director of the Services of Planning and Investment, heads of relevant organizations are responsible for the implementation of this Decision./.
| PRESIDENT |
ADMINISTRATIVE PROCEDURES WITHIN THE COMPETENCE OF THE SERVICE OF PLANNING AND INVESTMENT OF KHANH HOA PROVINCE
(Enclosed with the Decision No. 2821/QD-UBND dated October 19, 2011 of the People’s Committee of Khanh Hoa province)
Part I
LIST OF ADMINISTRATIVE PROCEDURES APPLIED AT THE SERVICE OF PLANNING AND INVESTMENT OF KHANH HOA PROVINCE
No. | Name of administrative procedures according to Form No. 1 | |
I. Domestic investment, foreign investment, and outward investment | I. Domestic investment, foreign investment, and outward investment | |
1 | Agreement on location of projects not subject to approval by Ministries or central agencies | |
2 | Agreement on location of projects subject to approval by Ministries or central agencies | |
3 | Application for certificate of investment of domestic projects of investment | |
4 | Application for certificate of foreign investment (not associated with business establishment) | |
5 | Application for certificate of foreign investment (associated with business establishment) | |
6 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, not associated with business establishment, and not subject to approval by Ministries or central agencies | |
7 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, not in the fields subject to conditional investment, associated with business establishment, but not subject to approval by Ministries or central agencies | |
8 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, not in the fields subject to conditional investment, not associated with business establishment, but subject to approval by Ministries or central agencies | |
9 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, not in the fields subject to conditional investment, associated with business establishment, and subject to approval by Ministries or central agencies | |
10 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, in the fields subject to conditional investment, not associated with business establishment, and not subject to approval by Ministries or central agencies | |
11 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, in the fields subject to conditional investment, associated with business establishment, and but not subject to approval by Ministries or central agencies | |
12 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, in the fields subject to conditional investment, not associated with business establishment, but subject to approval by Ministries or central agencies | |
13 | Verification serving issuance of certificate of investment applied to projects worth 300 billion Vietnam dongs or more, in the fields subject to conditional investment, associated with business establishment, and subject to approval by Ministries or central agencies | |
14 | Verification serving issuance of certificate of investment applied to projects worth below 300 billion Vietnam dongs, in the fields subject to conditional investment, not associated with business establishment, and not subject to approval by Ministries or central agencies | |
15 | Verification serving issuance of certificate of investment applied to projects worth below 300 billion Vietnam dongs, in the fields subject to conditional investment, associated with business establishment, but not subject to approval by Ministries or central agencies | |
16 | Verification serving issuance of certificate of investment applied to projects worth below 300 billion Vietnam dongs or less, in the fields subject to conditional investment, not associated with business establishment, but subject to approval by Ministries or central agencies | |
17 | Verification serving issuance of certificate of investment applied to projects worth below 300 billion Vietnam dongs, in the fields subject to conditional investment, associated with business establishment, and subject to approval by Ministries or central agencies | |
18 | Verification serving issuance of Certificate of investment to projects within the competence of the Prime Minister | |
19 | Application for adjustments to certificate of investment | |
20 | Verification of adjustments to certificate of investment | |
21 | Application for adjustments to investment license of foreign-invested companies | |
22 | Application for another registration of foreign-invested company according to Company law and the Law on Investment | |
23 | Conversion of foreign-invested company according to Company law and the Law on Investment | |
24 | Suspension of project of investment | |
25 | Delay of project of investment | |
26 | Transfer of project of investment | |
27 | Liquidation of project of investment | |
28 | Report on activities of project of investment | |
II. Business establishment and registration | II. Business establishment and registration | |
1 | Registration of establishment of a private company | |
2 | Registration of establishment of a branch of a private company | |
3 | Registration of establishment of a representative office of a private company | |
4 | Registration of establishment of business locations of a private company | |
5 | Registration of change of a private company’s name | |
6 | Registration of change of a private company’s investment | |
7 | Registration of relocation of a private company’s headquarter. | |
8 | Registration of additional business lines of a private company | |
9 | Registration of changes to a private company’s business registration according to court’s decision | |
10 | Application for reissuance of a private company's Certificate of Business registration that is lost, burnt, torn, or otherwise damaged | |
11 | Application for replacement of a private company’s owner when the company is sold, passed on, or when the past owner is dead or missing. | |
12 | Registration of lease of a private company | |
13 | Registration of suspension of a private company's business location | |
14 | Suspension of a branch, representative office of a private company | |
15 | Registration of shutdown of a business location of a private company. | |
16 | Dissolution of a private company | |
17 | Registration of establishment of a single-member limited liability company (owned by an individual) | |
18 | Registration of establishment of a branch of a single-member limited liability company (owned by an individual) | |
19 | Registration of establishment of a representative office of a single-member limited liability company (owned by an individual) | |
20 | Registration of establishment of business locations of a single-member limited liability company (owned by an individual) | |
21 | Registration of a change of name of a single-member limited liability company (owned by an individual) | |
22 | Registration of a change in charter capital of a single-member limited liability company (owned by an individual) | |
23 | Registration of replacement of the owner of a single-member limited liability company (owned by an individual) | |
24 | Registration of replacement of the legal representative of a single-member limited liability company (owned by an individual) | |
25 | Registration of relocation of the headquarter of a single-member limited liability company (owned by an individual) | |
26 | Registration of a change of business lines of a single-member limited liability company (owned by an individual) | |
27 | Registration of changes in business registration contents of a single-member limited liability company (owned by an individual) under court's decision. | |
28 | Registration of suspension of a single-member limited liability company (owned by an individual) | |
29 | Application for reissuance of the Certificate of Business registration that is lost, burnt, torn, or otherwise damaged of a single-member limited liability company (owned by an individual) | |
30 | Dissolution of a single-member limited liability company (owned by an individual) | |
31 | Shutdown of a branch, representative office of a single-member limited liability company (owned by an individual) | |
32 | Registration of shutdown of a business location of a single-member limited liability company (owned by an individual) | |
33 | Registration of establishment of a single-member limited liability company (owned by an organization) | |
34 | Registration of establishment of a branch of a single-member limited liability company (owned by an organization) | |
35 | Registration of establishment of a representative office of a single-member limited liability company (owned by an organization) | |
36 | Registration of establishment of a business location of a single-member limited liability company (owned by an organization) | |
37 | Registration of change of name of a single-member limited liability company (owned by an organization) | |
38 | Registration of change in charter capital of a single-member limited liability company (owned by an organization) | |
39 | Registration of replacement of the owner of a single-member limited liability company (owned by an organization) | |
40 | Registration of relocation of the headquarter of a single-member limited liability company (owned by an organization) | |
41 | Registration of replacement of the legal representative of a single-member limited liability company (owned by an organization) | |
42 | Registration of a change of business lines of a single-member limited liability company (owned by an organization) | |
43 | Registration of changes in business registration contents of a single-member limited liability company (owned by an organization) under court's decision. | |
44 | Registration of suspension of a single-member limited liability company (owned by an organization) | |
45 | Application for reissuance of the Certificate of Business registration that is lost, burnt, etc. of a single-member limited liability company (owned by an organization) | |
46 | Dissolution of a single-member limited liability company (owned by an organization) | |
47 | Shutdown of a branch, representative office of a single-member limited liability company (owned by an organization) | |
48 | Registration of shutdown of a business location of a single-member limited liability company (owned by an organization) | |
49 | Registration of establishment of a multi-member limited liability company | |
50 | Registration of establishment of a branch of a multi-member limited liability company | |
51 | Registration of establishment of a representative office of a multi-member limited liability company | |
52 | Registration of establishment of a business location of a multi-member limited liability company | |
53 | Registration of change of name of a multi-member limited liability company | |
54 | Registration of replacement of the legal representative of a multi-member limited liability company | |
55 | Registration of change in charter capital of a multi-member limited liability company | |
56 | Registration of change of members of a multi-member limited liability company | |
57 | Registration of relocation of the headquarter of a multi-member limited liability company | |
58 | Registration of changes of business lines of a multi-member limited liability company | |
59 | Registration of changes in business registration contents of a multi-member limited liability company | |
60 | Registration of suspension of a multi-member limited liability company | |
61 | Application for reissuance of the Certificate of Business registration that is lost, burnt, etc. of a multi-member limited liability company | |
62 | Dissolution of a multi-member limited liability company | |
63 | Shutdown of a branch or representative office of a multi-member limited liability company | |
64 | Registration of shutdown of a business location of a multi-member limited liability company | |
65 | Registration of establishment of a joint-stock company | |
66 | Registration of establishment of a branch of a joint-stock company | |
67 | Registration of establishment of a representative office of a joint-stock company | |
68 | Registration of establishment of a business location of a joint-stock company | |
69 | Registration of change of a joint-stock company’s name | |
70 | Registration of change in a joint-stock company’s charter capital | |
71 | Registration of changes of a joint-stock company’s founding shareholders | |
72 | Registration of replacement of the legal representative of a joint-stock company | |
73 | Registration of relocation of a joint-stock company’s headquarter | |
74 | Registration of changes of a joint-stock company’s business lines | |
75 | Registration of changes in business registration contents of a joint-stock company under court’s decision | |
76 | Registration of suspension of a joint-stock company | |
77 | Application for reissuance of the Certificate of Business registration that is lost, burnt, etc. of a joint-stock company | |
78 | Dissolution of a joint-stock company | |
79 | Shutdown of a branch or representative office of a joint-stock company | |
80 | Registration of shutdown of a business location of a joint-stock company | |
81 | Registration of establishment of a partnership | |
82 | Registration of branch of a partnership | |
83 | Registration of establishment of a representative office of a partnership | |
84 | Registration of establishment of a business location of a partnership | |
85 | Registration of change of name of a partnership | |
86 | Registration of change of members of a partnership | |
87 | Registration of relocation of a partnership’s headquarter | |
88 | Registration of changes of a partnership’s business lines | |
89 | Registration of replacement of the legal representative of a partnership | |
90 | Registration of change in a partnership’s charter capital | |
91 | Registration of changes in business registration contents of a partnership under court’s decision | |
92 | Registration of suspension of a partnership | |
93 | Application for reissuance of the Certificate of Business registration that is lost, burnt, etc. of a partnership | |
94 | Dissolution of a partnership | |
95 | Shutdown of a branch or representative office of a partnership | |
96 | Registration of shutdown of a business location of a partnership | |
97 | Registration of establishment of a single-member limited liability company as a result of a business division | |
98 | Registration of establishment of a single-member limited liability company as a result of a business separation | |
99 | Registration of establishment of a single-member limited liability company as a result of a merger | |
100 | Registration of establishment of a single-member limited liability company as a result of a business amalgamation | |
101 | Registration of conversion of a single-member limited liability company into a multi-member limited liability company | |
102 | Registration of conversion of a single-member limited liability company into a joint-stock company. | |
103 | Registration of establishment of a multi-member limited liability company as a result of a business division | |
104 | Registration of establishment of a multi-member limited liability company as a result of a business separation | |
105 | Registration of establishment of a multi-member limited liability company as a result of a merger | |
106 | Registration of establishment of a multi-member limited liability company as a result of a business amalgamation | |
107 | Registration of conversion of a multi-member limited liability company into a single-member limited liability company | |
108 | Registration of conversion of a multi-member limited liability company into a joint-stock company. | |
109 | Registration of conversion of a joint-stock company into a single-member limited liability company. | |
110 | Registration of conversion of a joint-stock company into a multi-member limited liability company. | |
111 | Registration of conversion of a private company into a multi-member limited liability company. | |
112 | Registration of conversion of a private company into a single-member limited liability company. | |
113 | Registration of establishment of a joint-stock company as a result of a business division | |
114 | Registration of establishment of a joint-stock company as a result of a business separation | |
115 | Registration of establishment of a joint-stock company as a result of a business amalgamation | |
116 | Registration of establishment of a joint-stock company as a result of a merger | |
117 | Application for reissuance of Certificate of Business Registration or a branch or representative office that has been lost, burnt, etc. regardless of types of business. | |
118 | Notifying changes in contents of business registration of a branch, representative office, or business location regardless of types of business | |
119 | Registration of establishment of a cooperative. | |
120 | Registration of establishment of a joint cooperative | |
121 | Registration of establishment of a branch or representative office of a cooperative. | |
122 | Registration of establishment of a branch or representative office of a joint cooperative. | |
123 | Registration of additional business lines of a cooperative. | |
124 | Registration of the cooperative’s registry. | |
125 | Registration of relocation of the cooperative’s headquarter | |
126 | Registration of relocation of the cooperative’s headquarter from another province to Khanh Hoa province | |
127 | Registration of change of name of a cooperative. | |
128 | Registration of change in number of cooperative members. | |
129 | Registration of change of the legal representative, list of the management board or control board of the cooperative. | |
130 | Registration of increase in the cooperative’s charter capital. | |
131 | Registration of decrease in the cooperative’s charter capital. | |
132 | Registration of change in the cooperative’s charter | |
133 | Registration of a cooperative upon division. | |
134 | Registration of a cooperative upon separation | |
135 | Registration of a cooperative upon amalgamation. | |
136 | Registration of a cooperative upon merger | |
137 | Notifying suspension of a cooperative. | |
138 | Application for reissuance of Certificate of Registration or a the cooperative or its branch/representative office. | |
139 | Dissolution of a branch or shutdown of a representative office of a cooperative. | |
140 | Dissolution of a cooperative or a joint cooperative | |
141 | Registration of a financially independent scientific institute. | |
142 | Registration of a financially independent scientific institute. | |
143 | Registration of establishment of a representative office of a financially independent scientific institute. | |
144 | Registration of establishment of business location of a scientific institute. | |
145 | Registration of establishment of business location of a scientific institute. | |
146 | Application for reissuance of Certificate of Business Registration or a scientific institute that has been lost, burnt, damaged, etc. | |
147 | Dissolution of a financially independent scientific institute. | |
148 | Dissolution of a branch or shutdown of a representative office of a financially independent scientific institute. | |
149 | Shutdown of a business location of a financially independent scientific institute. | |
Totally 177 procedures
Part II
SPECIFIC CONTENTS OF EACH ADMINISTRATIVE PROCEDURES WITHIN THE COMPETENCE OF THE SERVICE OF PLANNING AND INVESTMENT OF KHANH HOA PROVINCE
I. Domestic investment, foreign investment, and outward investment
19. Adjustment to the certificate of investment
A. Procedure:
- For applicant:
Step 1: Compile a satisfactory application;
Step 2: Submit the application at the receipt counter of the Service of Planning and Investment at No. 01 Tran Phu, Nha Trang, Khanh Hoa during office hours from Monday to Saturday morning;
Step 3: Receive the result at the receipt counter of the Service of Planning and Investment at No. 01 Tran Phu, Nha Trang, Khanh Hoa during office hours from Monday to Saturday morning;
- For regulatory body:
Step 1: The receipt counter of the Service of Planning and Investment transfers the application to a relevant department;
Step 2: The relevant department requests the head of the Service to seek opinions from other services and agencies, or sign the verification and transfer the application to the People’s Committee of the province to sign the Certificate of Investment;
Step 3: The People’s Committee of the province returns the result to the Service of Planning and Investment, which is then given to the applicant.
B. Method:
Any entity that wishes to obtain a new certificate of investment shall directly go to the receipt counter of the Service of Planning and Investment.
C. Application composition
The application for adjustments to the certificate of investment consists of:
- An application form for adjustments to the certificate of investment
- A written decision and a copy of the record on changes to the business registration contents in the certificate of investment;
- A valid copy of the certificate of investment/adjusted certificate of investment.
- A valid copy of the practising certificate of the head or his/her deputy (when changing the business lines for which practising certificates are compulsory, or the person has registered his/her practising certificate);
- A report on the operation of the company and progress of the project by the time of adjustment;
- The amendment of the joint venture contract or business cooperation contract in the adjusted certificate of investment.
D. Deadline: 15 working days from the day on which the satisfactory application is received.
DD. Applicant: organization;
E. Regulatory body:
- Deciding body: the People’s Committee of the province
- Agency or person authorized to execute: none
- Executing body: the Service of Planning and Investment;
- Cooperating bodies: Other Services and agencies;
G. Result of administrative procedure: Certificate of investment;
H. Fee: None;
I. Name of application form:
- Application form for registration of/adjustment to certificate of investment (not associated with business establishment)
- Application form for registration of/adjustment to certificate of investment (associated with business establishment)
K. Conditions for administrative procedures: None
L. Primary legal basis:
- Law on Investment No. 59/2005/QH11 dated November 29, 2005;
- Decree No. 108/2006/ND-CP dated September 22, 2006 on guidelines for the Law on Investment;
- Decision No. 1088/2006/QD-BKH dated October 19, 2006 of the Ministry of Planning and Investment on promulgation of forms related to investment procedures in Vietnam;
- Decision No. 67/2007/QD-UBND dated October 18, 2007 of the People’s Committee of Khanh Hoa province on procedures for execution and management of projects of investment and construction in Khanh Hoa province funded by non-state budget
- Decision No. 73/2009/QD-UBND dated September 24, 2009 on simplified procedures for issuance of certificates of investment in Khanh Hoa province
Appendix I-4
Application form for registration of/adjustment to certificate of investment
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APPLICATION FOR REGISTRATION OF/ADJUSTMENT TO CERTIFICATE OF INVESTMENT
[01] | To: | |
[02] | Investor: | |
Application for registration of/adjustment to certificate of investment No. ............. issued by ..................... on .........................., indicating: (write the contents in the certificate of investment and requested adjustments below) | Application for registration of/adjustment to certificate of investment No. ............. issued by ..................... on .........................., indicating: (write the contents in the certificate of investment and requested adjustments below) | |
[11] | 1. Project’s name: | |
[12] | 2. Project location: ; Intended area: | |
[13] | 3. Targets and scale of the project: | |
[14] | 4. Investment capital of the project: | |
[15] | Contributed capital in which: | |
[16] | 5. Operating period: | |
[17] | 6. Schedule: | |
[18] | 7. Requested investment incentives: | |
8. The investor hereby guarantees:
a) The accuracy of information provided in the application;
b) Conformity to Vietnam’s law and regulations in the certificate of investment.
[19] | [Location and date] INVESTOR |
[20] | Attached documents: |
Appendix I-6
Application form for registration of/adjustment to certificate of investment
(If the certificate of investment is associated with business establishment)
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APPLICATION FOR REGISTRATION OF/ADJUSTMENT TO CERTIFICATE OF INVESTMENT
[01] | To: | |
[02] | Investor: | |
Application for registration of/adjustment to certificate of investment No. ............. issued by ..................... on .........................., indicating: (write the contents in the certificate of investment and requested adjustments below) I. Adjustments to business registration contents | Application for registration of/adjustment to certificate of investment No. ............. issued by ..................... on .........................., indicating: (write the contents in the certificate of investment and requested adjustments below) I. Adjustments to business registration contents | |
[03] | 1. Company’s name: | |
[04] | 2. Headquarter address: | |
[05] | Branch/representative office (if any): | |
[06] | 3. Company’s type: | |
[07] | 4. Legal representative: | |
[08] | 5. Business lines: | |
[09] | 6. Corporate capital: | |
[10] | 7. Legal capital: | |
II. Adjustments to project contents | II. Adjustments to project contents | |
[11] | 1. Project’s name: | |
[12] | 2. Project location: ; Intended area: | |
[13] | 3. Targets and scale of project: | |
[14] | 4. Investment capital of the project: | |
[15] | Contributed capital in which: | |
[16] | 5. Operating period: | |
[17] | 6. Schedule: | |
[18] | 7. Requested investment incentives: | |
III. The investor hereby guarantees:
1. Accuracy of information provided in the application;
2. Conformity to Vietnam’s law and regulations in the certificate of investment.
[19] | [Location and date] INVESTOR |
[20] | Attached documents: |