Where to Apply for an Investment Registration Certificate When a Project is Implemented Both Inside and Outside the Industrial Park?

According to Clause 1, Article 36 of the Law on Investment 2014, the cases requiring the procedure for the issuance of an Investment Registration Certificate include:

- Investment projects of foreign investors;

- Investment projects of the following economic organizations:

(1) Economic organizations where foreign investors hold 51% or more of the charter capital, or where the majority of general partners are foreigners in the case of a partnership;

(2) Economic organizations specified in point (1) holding 51% or more of the charter capital;

(3) Foreign investors and economic organizations specified in point (1) holding 51% or more of the charter capital.

Thus: Based on the regulations quoted above, investment projects of economic organizations with foreign investors holding 51% or more of the charter capital must carry out the procedure for the issuance of an Investment Registration Certificate.

Therefore: Your company, currently having a member which is an enterprise (this enterprise has foreign investors holding over 53% of the charter capital) holding 52% of the charter capital of the company, falls under the case of having to carry out the procedure for issuance of an Investment Registration Certificate when implementing an investment project or business project in Vietnam.

According to Clause 1, Article 38 of the Law on Investment 2014, the Management Boards of industrial parks, export processing zones, high-tech parks, and economic zones have the authority to accept and issue Investment Registration Certificates for investment projects within these areas.

However, Clause 3, Article 38 of the Law on Investment 2014 states:

"Article 38. Authority to issue, adjust, and revoke Investment Registration Certificates

...

3. The Department of Planning and Investment where the investor locates or plans to locate its headquarters or executive office to carry out the investment project shall receive, issue, adjust, and revoke Investment Registration Certificates for the following investment projects:

a) Investment projects implemented across multiple provinces and centrally-governed cities;

b) Investment projects implemented both inside and outside industrial parks, export processing zones, high-tech parks, and economic zones."

Thus: According to the regulations quoted above, in cases where investment projects are implemented both inside and outside of industrial parks, export processing zones, high-tech parks, and economic zones, the Department of Planning and Investment where the investor locates or plans to locate its headquarters or executive office to carry out the investment project shall accept and issue the Investment Registration Certificate for that investment project.

Therefore: In the case where your company implements an investment project both inside and outside an industrial park (IP) within the same province, the Department of Planning and Investment of that province has the authority to issue the Investment Registration Certificate for the company.

Above is our advisory opinion regarding the issue you are inquiring about.

Respectfully!