What is the time limit for issuing Investment Registration Certificates in Vietnam?

What is the time limit for issuing Investment Registration Certificates in Vietnam?

Pursuant to Clause 1, Article 38 of the Investment Law 2020, if the investment project is subject to approval for its investment guidelines as prescribed in Article 30, Article 31 and Article 32 of this Law, the investment registration authority shall issue the investment registration certificate to the investor within:

a) 05 working days from the receipt of the written approval for investment guidelines and the written approval for investor with respect to the investment project that is subject to issuance of an investment registration certificate;

b) 15 days from the receipt of the investor’s investment registration certificate with respect to the investment project other than that specified in Point a of this Clause.

Thus, the time limit for issuing the Investment Registration Certificate is 05 working days if the investment project needs to approve the investment policy, 15 working days for projects that do not need to approve the investment policy in Vietnam.

Which projects must apply for an Investment Registration Certificate in Vietnam?

Pursuant to Clause 1, Article 37 of this Law, the procedures for granting investment registration certificates include:

1. The investment registration certificate is required in the following cases:

a) Investment projects of foreign investors;

b) Investment projects of the business organizations mentioned in Clause 1 Article 23 of this Article.

According to Clause 1, Article 23 of this Law

1. When establishing a business organization, when making investment by contributing capital, purchasing shares or purchasing stakes of a business organization or when making investment under a business cooperation contract in one of the following cases, the foreign investor must satisfy the conditions and follow investment procedures applied to foreign investors:

a) Over 50% of its charter capital or more is held by a foreign investor(s) or the majority of the general partners are foreigners if the business organization is a partnership;

b) Over 50% of its charter capital or more is held by a business organization(s) mentioned in Point a of this Clause;

c) Over 50% of its charter capital or more is held by a foreign investor(s) and a business organization(s) mentioned in Point a of this Clause.

Thus, for such investment projects, the procedures for granting Investment Registration Certificates must be carried out in Vietnam.

Best Regards!