Vietnam: Cases in which the Certificate of investment registration is required

1. Cases in which the Certificate of investment registration is required

According to Clause 1 Article 36 of the Law on Investment 2014 of Vietnam, the Certificate of investment registration is required in the following cases:

- Investment projects of foreign investors;

- Investment projects of foreign-invested business organizations that satisfy the conditions and follow investment procedures applied to foreign investors:

+ 51% of charter capital or more is held by foreign investors, or the majority of the general partners are foreigners if the business organization is a partnership;

+ 51% of charter capital or more is held by the business organizations mentioned above;

+ 51% of charter capital or more is held foreign investors and the business organizations mentioned above.

2. Cases in which the Certificate of investment registration is not required

- Investment projects of Vietnamese investors;

- Investment is made by contributing capital, buying shares, or buying capital contributions of business organizations;

- Investment projects of foreign-invested business organizations that satisfy conditions and follow investment procedures applied to Vietnamese investors when establishing business organizations, when making investment by contributing capital, buying shares, buying capital contribution of business organizations, when making investments under business cooperation contracts other cases than those mentioned below:

+ 51% of charter capital or more is held by foreign investors, or the majority of the general partners are foreigners if the business organization is a partnership;

+ 51% of charter capital or more is held by the business organizations mentioned above;

+ 51% of charter capital or more is held foreign investors and the business organizations mentioned above.

These contents are specified in Clause 2 Article 36 of the Law on Investment 2014 of Vietnam.

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