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REAL ESTATE INVESTMENT PROCEDURE

A. Investment Preparation Stage


1. Approval of the Investment 1.1. Principles and criteria of Project location
Policy - Compliant with the development policies of the country
- Conducting research for - Compliant with the planning
Investment size - Suitable with the technical and natural standards
- Conducting market research - Suitable with the economic criteria:
- Locating Project’s land position o Construction costs
- Land acquisition and use policy o Operation costs
conversion o Product consumption cost
- Creating investment plan - Compliant with the social standards and national security
1.2. Investment Policy Approval procedures:
Dossiers are to be submitted to - Required documents: (Templates)
the People’s Committee of the City o Request for Project investment execution permission;
o A copy of the ID/passport (if the Investor is an individual); a copy of the Establishment certificate or
equivalent documents of the same legal value (if the Investor is an organization);
o Proposal for Project investment specifying: the Investor(s) of the project, investment objectives,
investment scale, investment capital and methods of capital rising, investment location and duration,
investment process, human resources, Investment Incentives proposal, assessment of socioeconomic
effects of the project;
o Copies of one of the following documents: financial reports of the last 02 years of the Investor,
commitment on financial support of the parent company, commitment on financial support of a financial
institution, guarantee for financial capability of the Investor, notes to the financial capability of the
Investor;
o Proposal for land use demand; Project that does not require land allocation, land lease, or change in
land-use must submit a copy of the agreement on land lease or related documents certifying the land-
use rights of the Investor to execute the investment project;
o Notes to the technologies applied for the Project (mentioned in Point b, Clause 1, Article 32 of the
Law on Investment) specifying: name of the technologies applied, origins, technology process
diagram, main specifications, status of machinery, equipment and main technology line;
o Business Corporation Contract – BCC for projects executed under a business corporation contract.

- Reference for the duration of the approval procedures: Article 33 of the Law on Investment
2. Making of investment reports 2.1. Number of dossier sets: 02 sets, including:
on the construction of works - An original of a report of project evaluation (Form)
(pre-feasibility study reports) - An original of the Investment project comprising explanations and a basic design
and application for - A copy of the Capital plans approved by the authorities / investment plan approved by the authorities.
investment licenses - Approval of investment plan.
- For projects of national - Fire safety and firefighting certificate issued by the Department of Fire prevention and Firefighting.
importance, investors must
- An original of the Project geological survey report approved by the Natural Resources and Environment
make investment reports on
Department – Reference/Form;
the construction of works and
- Profiles of related parties participating in making the Basic design of an investment project on the
submit them to the National
construction of works: Business establishment certificate of the tenders making the Basic Design, the
Assembly for consideration of
Construction Supervising tenders, and the Construction survey tenders; Certificates of main persons in
and decision on investment
establishing and designing the project; Acceptance Minutes of Basic Design and Construction Surveys.
policies. For other projects,
- Other relevant legal documents.
investors are not required to
make investment reports. 2.2. Contents of the Details of explanations of an investment project on the construction of works
- For projects that are not a. The investment necessity and objectives.
required to make investment  Legal basis
reports, the Investors conduct o Source and used documents,
the Investment Projects on o Documents of socio-economic development of the State or local government.
the construction of work o Branch planning and development plan,
(feasibility study reports) and o Approved Prefeasibility study (if the Project has the Prefeasibility Study).
submit to the investment o Other legal documents issued/approved by the authorities required for the Investment reports.
deciders for approval. The  Techno-economic basis
Investment Projects  Market demand basis:
includes: Details of - Results of the techno-economic surveys and prediction on the supply and demand of the Project’s
explanations and Basic products at present and in the future.
design of an investment - Economic and Production development capability in the future
project on the construction of - assessment of the market demand, sale of products, for production and business projects;
works. - The form of construction investment;
 Required documents are o Investment scale, productivity and/or the amount of products produced annually;
to be submitted to the o Form of investment: New construction or repair and renovation
Department of Planning o The construction location and land use demand: conditions of the supply of raw materials, fuel
and Investment and other input elements.

b. Description of the work's size and construction area, work items; analysis and selection of
technical plans, technologies and capacity.

Implementation solutions include:


- The general plan on ground clearance and resettlement and the plan to support technical infrastructure
construction, if any;
- Architectural design plans, for works in urban centres and works subject to architectural requirements;
- The plan on the project operation and labour use;
- Implementation phases and schedules and the form of project management.
c. Assessment of environmental impacts, fire and explosion prevention and fighting measures, and security
and defence requirements.
d. The project's total investment; the capital arrangement capacity, capital sources and the capacity to
allocate capital according to implementation schedule; the capital repayment plan, for projects with
capital recovery requirements, and analysis and assessment of the project's economic-financial and
social benefits.

2.3. Details of the basic design of an investment project on the construction of works
Basic design means a design made during the formulation of an investment project on the construction of works
on the basis of the selected design plan, which must indicate major technical specifications conformable with
applicable regulations and standards, as a basis for carrying out subsequent designing steps. A basic design
consists of explanations and drawings.

 A basic design's explanations cover:


- A brief description of the construction location, the design plan: the work's general plan or the plan on
work lines, for works to be constructed in lines; locations and sizes of work items; connection among
work items and to the region's technical infrastructure;
- The technological plan and chain, for works subject to technological requirements;
- The architectural plan, for works subject to architectural requirements;
- The work's major structure plan, technical and technical infrastructure systems;
- Environmental protection and fire prevention and fighting plans as prescribed by law;
- A list of applicable major regulations and standards

 A basic design's drawings cover::


- The drawing of the work's general plan or the drawing of the plan on work lines, for works to be
constructed in lines;
- The technological plan and the technological chain drawing, for works subject to technological
requirements:
- The architectural plan drawing, for works subject to architectural requirements;
- Drawings of the work's major structure plan, technical and technical infrastructure systems, connection to
the region's technical infrastructure.

B. Investment Execution
1. Request for land allocation or - Number of dossier sets: 02 sets:
Land lease for Project o An original of requests for land allocation and land lease (Form);
construction; o An original of Approved Investment Project;
 Dossiers are to be o An original or notarised copies of Establishment Decision and/or Business certificate;
submitted to the People’s o Request for land-use rights certificate, certificate of house ownership and ownership of other properties
Committee of the City associated with land (Form no. 04A/ĐK);
o 03 copies of the land area or extracted copy of the land area measurement;
o Decision of Approval or Written Appraisal of Compensation and Resettlement Support Plan issued by the
People’s Committee of the city.

2. Request for Construction Number of dossier set: 01 set


permission, Equipment - A request for a construction permit, made by Form for each case, each type of work (Form);
purchase and installation. - A notarised copy of one of the land use right papers prescribed by the law on land; papers on property
 Dossiers are to be rights of works, houses for the cases of repair, renovation; power of attorney for the cases of being
submitted to the authorized by the work owner to perform repair, renovation; decision on allowing the construction
Construction permit investment of the competent authority for urban underground works; decision on approval of environmental
licensing agency. impact assessment report or environmental protection commitments in accordance with the law provisions
on environmental protection;
- A notarised copy of Business Certificate of Investment Certificate;
- For the case of installation of equipment or other structure in the built works, but not owned by the investor,
it must have a certified copy of the contract with the work owner;
- Decision on Project approval together with the written approval of the investment of the competent authority,
a written opinion on the basic design (if any) of the State management agency in accordance with
provisions
- Two sets of design drawings made by organizations and individuals that are eligible on capacity and have
been organized the evaluation and approval as prescribed by investor. Each set consists of:
o Drawing of the work position on the land plot, the lot plot boundaries, contour drawing (for the line
works), connection diagrams with infrastructure outside the fence of the work ( traffic and drainage);
o Drawing of the plane, main elevation drawing, and sectional drawing of the work;
o Drawing of the base plane, base sectional drawing, drawings of load-bearing structure (base, frame,
walls, load-bearing roof);
o The drawing of the system of fire protection and fighting which has been evaluated and approved for the
work of the list required to have evaluation and approval of explosion, fire prevention and fighting plan in
accordance with the law provisions on fire protection and fighting;
o In case of repair and renovation, it must have the drawings on location, items need to be renovated, if
having any effects on work structure, it must be reported the survey results, quality assessment of old
structures related items need to be renovated and reinforcement measures to determine eligibility for
repair, renovation, together with photos of the current state of the works applying for renovation and
adjacent works.

3. Ground clearance and


resettlement compensation.
4. Construction design (Three- Dossier: 01 original set comprising: Request for evaluation and List of documents which requires
step design includes basis evaluation mentioned in here.
design, engineering design
and construction drawing
design), total investment
estimation
 Dossier is to be submitted
to the Evaluation authority –
Article 5 of Decree
18/2016/TT-BXD
5. Bidding for construction tenders Bidding procedures:
and construction supervisors - Invitation for bids: The Investor must compile bidding dossiers which meet the requirements of:
Necessary information relevant to the products/ services, bid-evaluation, comparison, ranking, and
contractors selection methods; other necessary instructions.
- Bidding: Tenders submit the form of bid in accordance with bidding packages required by the Investor. 
- Bid opening;
- Bid evaluation;
- Negotiation, finalisation and signing of contracts (Form: Construction contract)

6. Construction execution.
C. Project finalisation

1. Project acceptance and - Dossier comprises:


handover o Minutes of acceptance for the Completion of Construction (Form );
o Other documents required as the basis for the acceptance.

2. Payment and finalization of


Investment capital
3. Project activation and
maintenance

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