When is it necessary to adjust the investment registration certificate in Vietnam? What are the contents of an investment registration certificate?
When is it necessary to adjust investment registration certificate in Vietnam?
According to Clause 3, Article 42 of the 2020 Law on Investment in Vietnam, investors shall comply with regulations of this Law and the laws on planning, land, environment, construction, labor and fire prevention and fighting; other relevant regulations of law, written approval for investment guidelines (if any) and the investment registration certificate (if any) during execution of their investment projects.
At the same time, in Clause 2, Article 41 of the 2020 Law on Investment in Vietnam stipulating:
For a project subject to issuance of an investment registration certificate, the investor shall follow the procedures for issuance of the investment registration certificate before executing the investment project.
When is it necessary to adjust investment registration certificate in Vietnam? What are the contents of an investment registration certificate?
Which agency has the power to adjust investment registration certificate in Vietnam?
Pursuant to Article 39 of the 2020 Law on Investment in Vietnam stipulating as follows:
The power to issue, adjust and revoke investment registration certificates
1. Management boards of industrial parks, export-processing zones, hi-tech zones and economic zone shall issue, adjust and revoke investment registration certificates with regard to the investment projects located therein, except for the case specified in Clause 3 of this Article.
2. Departments of Planning and Investment shall issue, adjust and revoke investment registration certificates with respect to the investment projects outside industrial parks, export-processing zones, hi-tech zones and economic zones, except for the case in Clause 3 of this Article.
3. The investment registration authority of the administrative division where the investor executes the investment project, places or intends to place the head office or operating office to execute the investment project shall issue, adjust and revoke investment registration certificates with respect to the following investment projects:
a) Investment projects that are executed in at least 02 provinces;
b) Investment projects that are executed both inside and outside industrial parks, export processing zones, hi-tech zones and economic zones;
c) Investment projects which are executed inside industrial parks, export processing zones, hi-tech zones or economic zones where the industrial park, export processing zone, hi-tech zone or economic zone management boards have not yet been established or which are not under the management of the industrial park, export processing zone, hi-tech zone or economic zone management boards.
4. The authority that receives investment project dossiers is the one that has the power to issue investment registration certificates, except for the cases specified in Articles 34 and 35 of this Law.
Thus, the power to adjust the investment registration certificate is implemented as follows:
- Management boards of industrial parks, export-processing zones, hi-tech zones and economic zone shall issue, adjust and revoke investment registration certificates with regard to the investment projects located therein, except for the case specified in Clause 3 Article 39 of the 2020 Law on Investment in Vietnam.
- Departments of Planning and Investment shall issue, adjust and revoke investment registration certificates with respect to the investment projects outside industrial parks, export-processing zones, hi-tech zones and economic zones, except for the case in Clause 3 Article 39 of the 2020 Law on Investment in Vietnam.
- The investment registration authority of the administrative division where the investor executes the investment project, places or intends to place the head office or operating office to execute the investment project shall issue, adjust and revoke investment registration certificates with respect to the following investment projects:
+ Investment projects that are executed in at least 02 provinces;
+ Investment projects that are executed both inside and outside industrial parks, export processing zones, hi-tech zones and economic zones;
+ Investment projects which are executed inside industrial parks, export processing zones, hi-tech zones or economic zones where the industrial park, export processing zone, hi-tech zone or economic zone management boards have not yet been established or which are not under the management of the industrial park, export processing zone, hi-tech zone or economic zone management boards.
What are the contents of an investment registration certificate in Vietnam?
Pursuant to Article 40 of the 2020 Law on Investment in Vietnam, the contents of the investment registration certificate are as follows:
- Name of the investment project.
- The investor.
- Investment project code.
- Location and land area of the investment project.
- Objectives and scale of the project.
- Capital investment in the investment project (including the investor's contributed capital and raised capital).
- Duration of the investment project.
- Project execution schedule, including:
+ Capital contribution and capital raising schedule;
+ Schedule of achievement of primary operational objectives of the investment project; execution schedule of each stage (if the project is divided into multiple stages);
- Investment incentives or investment assistance, and bases or conditions for application thereof (if any).
- Conditions applied to the investor executing the investment project (if any).
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