1. Forms of investor selection
According to the provisions of Clause 1, Article 29 of the Investment Law 2020 , investor selection is conducted through one of the following forms:
– Auction of land use rights according to the provisions of land law;
– Bidding to select investors according to the provisions of law on bidding;
– Investor approval;
2. Some notes when choosing an investor to implement an investment project
– The selection of investors to implement investment projects in the form of auction of land use rights and bidding for investor selection is carried out after approval of the investment policy , except in cases where the investment project is not subject to investment policy approval.
– In cases where an auction of land use rights is held but only one person registers to participate or the auction fails according to the provisions of land law or in cases where a bidding organization selects an investor with only one investor, The investor registers according to the provisions of law on bidding, the competent authority carries out investor approval procedures when the investor meets the conditions prescribed by relevant laws.
– For investment projects subject to investment policy approval, the competent authority approves the investment policy and at the same time approves the investor without going through auction of land use rights or bidding for investor selection. investment in the following cases:
+ Investors have the right to use land, except in cases where the State recovers land for national defense and security purposes, or recovers land for socio-economic development for national and public benefits according to the provisions of the Law. law and land;
+ Investors receiving transfers, capital contributions, or leases of agricultural land use rights to carry out non-agricultural production and business investment projects are not subject to land recovery by the State according to the provisions of law on land;
+ Investors implementing investment projects in industrial parks and high-tech parks;
+ Other cases not subject to auction or bidding according to the provisions of law.
