Vietnam: Cooperation mechanism in case of simultaneous adjustment of investment registration and enterprise registration contents

According to Circular No. 02/2017/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, the cooperation mechanism in case of simultaneous adjustment of investment registration and enterprise registration contents shall be applied as follows:

First of all, the investor shall submit the application to the Application-receiving division.

- The investor shall submit the application for investment registration and the application for enterprise registration to the Application-receiving division.

- The Application-receiving division shall check the validity of the application for investment registration; the validity of application for registration of establishment of an enterprise. If the application is valid, the Application-receiving division shall deliver the note of receipt to the applicant.

After that, the Application-receiving division shall transfer the application to the Business registration authority.

On the same working day as the day on which the application is received, the Application-receiving division shall transfer the application for enterprise registration to the Business registration authority.

Concurrently, Circular No. 02/2017/TT-BKHĐT also stipulates that the receiving and processing investment registration documents is carried out as follows:

- For the Application-receiving division:

The Application-receiving division shall process the application for investment registration through the National information system on investment under procedures as stipulated in Law on Investment and written guidelines.

- For Business registration authorities:

Within 02 working days from the day on which the application for enterprise registration is transferred, the Business registration authority shall process the application through National Enterprise Registration Information System and inform the Application-receiving division of the validity of the application.

- If the application is valid:

The Business registration authority shall issue the Enterprise Registration Certificate, the written confirmation of changes in enterprise registration contents through National Enterprise Registration Information System; and transfer the Certificate, the written confirmation to the Application-receiving division at the same time.

- If the application is invalid:

The Business registration authority shall notify the Application-receiving division of necessary addition or revision of documents. The Application-receiving division shall instruct the applicant to complete their application accordingly. If an investor or an enterprise revises the application for enterprise registration, the Division of receiving and processing applications for investment registration shall receive and send the application to the Business registration agency.

Finally, delivery of the result to the investors

Within 01 working day from the day on which the Enterprise Registration Certificate is received, the written confirmation of changes in enterprise registration contents from the Business registration authority, the Application-receiving division shall collect and deliver the result to the investor. The enterprise may receive the Enterprise Registration Certificate, the written confirmation of changes in enterprise registration contents or Investment Registration Certificate in advance if necessary.

View details at Circular No. 02/2017/TT-BKHĐT of the Ministry of Planning and Investment of Vietnam, effective from June 15, 2017.

-Thao Uyen-

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE