Procedures for issuance of the investment registration certificate in Vietnam

What is investment registration certificate? What are the regulations on the procedures for issuance of the investment registration certificate in Vietnam? - Kim Chi (Long An, Vietnam)

Procedures for issuance of the investment registration certificate in Vietnam (Internet image)

1. What is investment registration certificate?

According to Clause 11 Article 3 of the Law on Investment 2020, investment registration certificate means a physical or electronic document bearing information registered by an investor about an investment project.

2. Procedures for issuance of the investment registration certificate in Vietnam

Procedures for issuance of the investment registration certificate under Article 38 of the Law on Investment 2020 are as follows:

- If the investment project is subject to approval for its investment guidelines as prescribed in Article 30, Article 31 and Article 32 of the Law on Investment 2020, the investment registration authority shall issue the investment registration certificate to the investor within:

= 05 working days from the receipt of the written approval for investment guidelines and the written approval for investor with respect to the investment project that is subject to issuance of an investment registration certificate;

= 15 days from the receipt of the investor’s investment registration certificate with respect to the investment project other than that specified in Point a of Clause 1 of Article 38 of the Law on Investment 2020.

- If the investment project is not subject to approval for its investment guidelines as prescribed in Article 30, Article 31 and Article 32 of the Law on Investment 2020, the investor shall be issued with the investment registration certificate if the following conditions are met:

= The investment project does not involve any banned business line;

= There is a location for execution of the investment project;

= The investment project is conformable with the planning specified in Point a Clause 3 Article 33 of the Law on Investment 2020;

= The investment per m2 (or investment per employee) is not smaller than the minimum requirement.

= Market access conditions applied to foreign investors are satisfied.

3. Contents of investment registration certificate

The contents of investment registration certificate under Article 40 of the Law on Investment 2020 are as follows:

- Name of the investment project.

- The investor.

- Investment project code.

- Location and land area of the investment project.

- Objectives and scale of the project.

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

- Duration of the investment project.

- Project execution schedule, including:

= Capital contribution and capital raising schedule;

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

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

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

4. The power to issue, adjust and revoke investment registration certificates in Vietnam

The power to issue, adjust and revoke investment registration certificates under Article 39 of the Law on Investment 2020 is as follows:

- 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 Article 39 of the Law on Investment 2020.

- 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.

- 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:

= Investment projects that are executed in at least 02 provinces;

= Investment projects that are executed both inside and outside industrial parks, export processing zones, hi-tech zones and economic zones;

= 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.

- 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 the Law on Investment 2020.

Quoc Dat

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