Procedures for issuance of a Certificate of special investment registration in Vietnam from February 10, 2025

Procedures for issuance of a Certificate of special investment registration in Vietnam from February 10, 2025​ (Image from the internet)

On February 10, 2025, the Government of Vietnam issued Decree 19/2025/ND-CP detailing the Law on Investment 2020 regarding special investment procedures.

Procedures for issuance of a Certificate of special investment registration in Vietnam from February 10, 2025

The procedures for issuance of a Certificate of special investment registration in Vietnam are stipulated in Article 3 of Decree 19/2025/ND-CP as follows:

(1) The application for the Certificate of investment registration shall comply with the provisions in Clause 2, Article 36a of the Law on Investment 2020 (amended and supplemented in 2024) and the contents specified in clause (2).

(2) The investor's commitment in the document requesting the implementation of the investment project includes the following contents:

- (*) Relevant conditions, standards, and technical regulations as prescribed by the law on construction, environmental protection, fire prevention, and fighting;

- Preliminary assessment of the project's suitability with the conditions, standards, and technical regulations stipulated at point (*);

- Commitment to meeting the conditions, standards, and technical regulations specified at point (*), not engaging in prohibited acts as prescribed by law on construction, environmental protection, fire prevention, and fighting, and being fully responsible in case of non-compliance with the committed contents.

(3) The investor submits 01 set of application for the Certificate of investment registration prescribed in clause (1) to the Management Board of the industrial park, export-processing zone, high-tech zone, economic zone (hereinafter collectively referred to as the Management Board). The Management Board reviews, assesses, and grants the Certificate of investment registration according to Clause 4, Article 36a of the Law on Investment 2020 (amended and supplemented in 2024). The Certificate of investment registration, together with the investor's commitments, is simultaneously sent to the competent state agency in charge of managing construction order, environmental protection, fire prevention, and fighting in the local area.

(4) The assessment of the project's suitability with the planning prescribed at point b, clause 3, Article 36a of the Law on Investment 2020 (amended and supplemented in 2024) is carried out as follows:

- Evaluate the project's suitability with the sub-zone planning of the industrial park, export-processing zone, high-tech park, centralized information technology zone, and free trade zone. If the project is proposed in an area where no sub-zone planning is required, or the sub-zone plan must be adjusted but has not been approved by the competent authority, then assess the project's suitability with the general planning of the city; district-level town; commune-level town; new urban area; district or commune approved, except in cases stipulated at point c of this clause;

- If the project is proposed to be implemented in a functional area within the economic zone, evaluate the project's suitability with the general planning of the economic zone or the general planning of the city, district-level town approved, except in cases stipulated at point c of this clause;

- For industrial parks, export-processing zones, high-tech zones, centralized information technology zones, free trade zones, and functional areas within the economic zone with valid sub-zonal planning under the provisions of the Law on Urban and Rural Planning 2024, evaluate the project's suitability with the sub-zonal planning.

(5) For projects requesting the State to lease land or permit change of land use purpose, assess the capability to meet the conditions for leasing land, changing land use purpose in accordance with the land law; the suitability of land use needs with the objectives, scale, investment capital, location, and implementation schedule of the project.

(6) The contents of the Certificate of investment registration are performed according to the provisions in Article 40 of the Law on Investment 2020, including the investor's commitment contents.

(7) An economic organization established by a foreign investor under the provisions in Clause 5, Article 36a of the Law on Investment 2020 (amended and supplemented in 2024) must register the investment business lines in accordance with Clause 1, Article 36a of the Law on Investment 2020 (amended and supplemented in 2024) and can only adjust the business registration content to add other investment business sectors after obtaining the Certificate of investment registration as stipulated in clause (3).

More details can be found in Decree 19/2025/ND-CP which is effective from February 10, 2025.

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