Procedure for Issuance of Investment Registration Certificate

Procedure for Issuance of the Investment Registration Certificate - Illustrated image.

To be specific, according to Clause 1, Article 38 of the Investment Law 2020, the procedure for issuance of an Investment Registration Certificate stipulates that the investment registration authority shall issue the Investment Registration Certificate for investment projects subject to approval by the National Assembly, the Prime Minister, and the provincial People's Committee within the following time limits:

- 05 working days from the receipt of the written approval for the investment policy along with the approval of the investor for investment projects requiring the issuance of an Investment Registration Certificate;

- 15 days from the receipt of the request for issuance of an Investment Registration Certificate from the investor for investment projects not falling under the provisions stated in point a of this clause.

For investment projects not subject to the approval of investment policies as stipulated in Articles 30, 31, and 32 of the Investment Law 2020, investors shall be issued the Investment Registration Certificate if the following conditions are met:

- The investment project is not in the sectors and trades prohibited from investment and business;

- The project has a location to be implemented;

- The investment project conforms with the planning stipulated in point a, Clause 3, Article 33 of this Law;

- Meets the conditions regarding the investment capital amount per land area unit and the number of laborers used (if any);

- Meets market access conditions applicable to foreign investors.

Note: Cases required to undergo the procedure for issuance of the Investment Registration Certificate include:

- Investment projects of foreign investors;

- Investment projects of economic organizations that must meet the conditions and carry out investment procedures applied to foreign investors when investing in the establishment of another economic organization; investing by capital contribution, purchasing shares, buying stakes of another economic organization; investing in the form of BCC contracts if the economic organization falls under one of the following cases:

- Having foreign investors holding more than 50% of charter capital or the majority of general partners being foreign individuals for a partnership;- Having economic organizations stipulated in point a of this clause holding more than 50% of charter capital;- Having foreign investors and economic organizations stipulated in point a of this clause holding more than 50% of charter capital.

For further details, see Investment Law 2020, effective from January 01, 2021.

Le Vy

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