Does a project to increase the number of apartments have to adjust the investment policy?

(Chinhphu.vn) - A project has been approved for investment with a scale of 80 apartments. Now, the investor proposes to increase it to 160 apartments but does not change the land use area. Ms. Thuy Tien asked, in this case, does the investment policy need to be adjusted due to the change in the project scale?

On this issue, the Ministry of Finance has the following opinion:

According to the provisions of Point c, Clause 3, Article 41 of the Investment Law 2020, investors whose investment projects have been approved in principle must carry out procedures for approving adjustments to the investment policy if they change the total investment capital by 20% or more, resulting in a change in the scale of the investment project.

According to Form No. A.1.1 Appendix A issued with Circular No. 25/2023/TT-BKHĐT dated December 31, 2023 of the Minister of Planning and Investment amending and supplementing a number of Articles of Circular No. 03/2021/TT-BKHĐT dated April 9, 2021 of the Minister of Planning and Investment stipulating the form of documents and reports related to investment activities in Vietnam, investment from Vietnam to foreign countries and investment promotion, the expected scale of construction architecture includes (construction area, floor area, number of floors, building height, construction density, land use coefficient...).

According to Form No. A.II.1 issued with Circular No. 03/2021/TT-BKHĐT, for projects with the goal of investing in the construction of houses (for sale, lease, lease-purchase), urban areas, the scale of the project is shown by the preliminary structure of housing products and the allocation of land for social housing development, preliminary investment plan for construction, management of urban infrastructure within and outside the project scope for housing construction investment projects, urban areas, preliminary urban infrastructure that the investor retains for business investment, urban infrastructure that the investor hands over to the locality, if any.

Therefore, in case of a change in total investment capital of 20% or more, which changes the scale of the investment project, the investor must carry out procedures to approve the adjustment of the investment policy.

Regarding the content of construction scale, Ms. Thuy Tien is requested to discuss with the Ministry of Construction for specific instructions according to functions and tasks.

Chinhphu.vn

Source: https://baochinhphu.vn/du-an-tang-so-can-ho-co-phai-dieu-chinh-chu-truong-dau-tu-102251003150450093.htm