What documents are included in the application for online investment registration certificate in Vietnam?

1. What is an investment registration certificate in Vietnam?

According to Clause 11, Article 3 of the Investment Law 2020 issued by the National Assembly, an investment registration certificate is a document in paper or electronic form that records information registered by the investor regarding the investment project.

The contents of the investment registration certificate are specified in Article 40 of the Investment Law 2020 as follows:

- Name of the investment project.

- Investor.

- Investment project code.

- Location of the investment project, land area used.

- Objectives and scale of the investment project.

- Investment capital of the investment project (including the investor's contributed capital and mobilized capital).

- Duration of the investment project.

- Progress of the investment project implementation, including:

+ Progress of capital contribution and mobilization of funds;

+ Progress of key operational objectives of the investment project; in cases where the investment project is divided into phases, the progress of each phase must be specified.

- Forms of investment incentives, support, and basis, conditions for application (if any).

- Conditions for the investor to implement the investment project (if any).

Thus, the investment registration certificate is a document in paper or electronic form that records information registered by the investor regarding the investment project.

2. What documents are included in the application for online investment registration certificate in Vietnam?

According to Article 39 of Decree 31/2021/ND-CP, the application for issuing or amending the online investment registration certificate includes the following:

- For investment projects not subject to investment policy approval, the investor can choose to submit the application for issuing or amending the investment registration certificate in paper form as regulated in Articles 36 and 47 of Decree 31/2021/ND-CP or submit the application online on the National Investment Information System in one of two forms: using a digital signature or not using a digital signature.

- The application for issuing or amending the investment registration certificate online includes data as stipulated in Decree 31/2021/ND-CP and is presented in electronic documents with legal value equivalent to paper documents.

Additionally, an online application is valid when it meets the following conditions:

- It contains all required documents and complete content as per the regulations for paper applications, is presented in electronic documents named corresponding to the type of document;

- The information declared on the System is complete and accurate according to the information in the paper application; it is authenticated by the investor's digital signature or consistent with the paper application.

In cases where the investor authorizes someone to perform the investment procedures, the application for issuing or amending the investment registration certificate must be accompanied by authorization documents and legal documents of the authorized party.

Thus, the application for the investment registration certificate online includes data presented in electronic documents. Investors can submit the application online using a digital signature or not on the National Investment Information System. A valid application needs complete documents, accurately declared content, authenticated by a digital signature or consistent with the paper application. In case of authorization, authorization documents and legal documents of the authorized party must be added.

3. What are cases in which an investment registration certificate is required?

According to Article 37 of the Investment Law 2020, the cases that must carry out procedures for issuing an investment registration certificate include:

- Investment projects of foreign investors;

- Investment projects of economic organizations specified in Clause 1, Article 23 of the Investment Law 2020.

Additionally, cases that do not require procedures for issuing an investment registration certificate include:

- Investment projects of domestic investors;

- Investment projects of economic organizations specified in Clause 2, Article 23 of the Investment Law 2020;

- Investment in the form of capital contribution, share purchase, and capital contribution purchase of economic organizations.

Note:

- For investment projects specified in Articles 30, 31, and 32 of the Investment Law 2020, domestic investors and economic organizations specified in Clause 2, Article 23 of the Investment Law 2020 implement investment projects after obtaining investment policy approval.

- If investors wish to issue an investment registration certificate for investment projects specified in Points a and b, Clause 2, Article 37 of the Investment Law 2020, they shall carry out the procedures for issuing the investment registration certificate as stipulated in Article 38 of the Investment Law 2020.

Thus, investment projects of foreign investors and investment projects of economic organizations need to carry out procedures for issuing an investment registration certificate.

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