16:36 | 20/07/2022

Which agencies shall issue the investment registration certificate in Vietnam?

Which agencies shall issue the investment registration certificate in Vietnam? In Vietnam, is it necessary to adjust the investment registration certificate when changing the name of the investment project?

Hello Lawnet. I am learning about the provisions of the Law on Investment to serve the upcoming work of my enterprise. I want to know which agencies should I apply for the investment registration certificate? When changing the name of an investment project, do I have to adjust the investment registration certificate?

Thank you!

Which agencies shall issue the investment registration certificate in Vietnam?

Pursuant to Article 39 of the Law on Investment in 2020 stipulating the power to issue, adjust and revoke investment registration certificates in Vietnam as follows: 

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.

As regulations above, depending on the project, management boards of industrial parks, export-processing zones, hi-tech zones and economic zone, or Departments of Planning and Investment shall have the power to issue investment registration certificates in Vietnam.

In Vietnam, is it necessary to adjust the investment registration certificate when changing the name of the investment project?

As prescribed in Clause 2, Article 41 of the Law on Investment in 2020, the investor shall follow procedures for adjusting the investment registration certificate if the adjustment to the investment project changes any content of the investment registration certificate.

Pursuant to Article 40 of the Law on Investment in 2020 stipulating contents in investment registration certificate in Vietnam as follows:

1. Name of the investment project.

2. The investor.

3. Investment project code.

4. Location and land area of the investment project.

5. Objectives and scale of the project.

6. Capital investment in the investment project (including the investor's contributed capital and raised capital).

7. Duration of the investment project.

8. Project execution schedule, including:

a) Capital contribution and capital raising schedule;

b) Schedule of achievement of primary operational objectives of the investment project; execution schedule of each stage (if the project is divided into multiple stages);

9. Investment incentives or investment assistance, and bases or conditions for application thereof (if any).

10. Conditions applied to the investor executing the investment project (if any).

As regulations above, when changing the name of the project, the investor shall adjust the contents in the investment registration certificate.

Best regards!

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