HANOI DEPARTMENT OF JUSTICE
TLK LAW FIRM

According to the provisions of the Investment Law, the Land Law, and other relevant guiding documents, at the request of the Director of the Department of Planning and Investment of Bac Giang Province, on October 24, 2022, the People's Committee of Bac Giang province has issued Decision No. 45/2022/QD-UBND stipulating the investment rate and the number of employees for investment projects with non-budget capital in Bac Giang province. This decision will take effect in mid-November 2022.

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According to this Decision, the investment rate is the amount of investment capital per unit of land area calculated by the total investment capital divided by the total land area used by the project (in billions of VND/ha).

The number of employees used in the project is the maximum number of employees that the investor can use per unit of land used when the project comes into operation.

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Photo 1. New regulations on investment rate and the number of employees used for investment projects with non-budget capital in Bac Giang province_ Hotline: 0972118764

The calculation of the investment rate and the number of employees used for investment projects funded by capital sources outside the state budget in Bac Giang province is applied according to the following principles:

First, the subjects that must meet the regulations on the minimum investment rate and the number of employees according to Decision 45/2022/QD-UBND include:

1. Competent state agencies, investors make proposals for a list of projects using land in which investors need to be selected, and a dossier of requests for approval of investment policies is made (auction of land use rights; bidding to select investors);

2. The investor requests to implement the project based on the sub-lease of land with infrastructure in the industrial zone or cluster;

3. Households and individuals request the State to lease land (not subject to the decision on investment policies or issuance of Certificate of investment registration outside industrial zones or clusters) to implement investment projects.

Second, for a project with multiple objectives, the investment rate is calculated according to the main aim of the project.

Third, for investment projects that are not in the investment fields specified in Decision 45/2022/QD-UBND, the consideration of investment capital is based on the actual project.

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Photo 2. New regulations on investment rate and the number of employees used for investment projects with non-budget capital in Bac Giang province_ Hotline: 0972118764

Investment projects in Bac Giang province must have a total investment of not less than 3 billion and meet the regulations on the minimum investment rate. The formula for calculating the minimum investment rate is specified in Article 5 of Decision 45/2022/QD-UBND.

The number of employees used for investment projects in industrial parks must not exceed 350 laborers/ha. In addition, there is no regulation on the maximum number of employees used for investment projects in the fields of commerce, services, and agriculture.

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Decision 45/2022/QD-UBND will take effect from November 15, 2022.

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Photo 3. Free legal advice_ Hotline: 097 211 8764

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