Investment registration certificate is a document, an electronic copy recording the investor’s registration information about an investment project. Therefore, when the project has a change in the term of operation; namely; if it extended, the investor must carry out the procedure for adjusting the Investment Registration Certificate; also known as the Procedure for Renewing the Investment Registration Certificate. receive investment registration. LSX Lawfirm will give you an article about: “Investment Registration Certificate Renewal Service in Vietnam”, as follows:
Legal grounds
Law on investments 2020
Decree No. 31/2021/ND-CP
Decree No. 50/2016/ND-CP
Term of operation of the investment project
Firstly
– According to the provisions of Article 44 of the Law on Investment in 2020; the operation duration of an investment project is as follows:
- Investment projects in economic zones: operation duration does not exceed 70 years;
- For investment projects outside economic zones: the operation duration does not exceed 50 years. In this case, if the investment project implemented in an area with difficult socio-economic conditions; an area with extremely difficult socio-economic conditions; or an investment project with capital If the investment project is large; but the capital recovery is slow, the operation term of the investment project may be longer but must not exceed 70 years.
- For an investment project allocated or leased land by the State but the investor is late in handing over the land; the time of the State’s delay in handing over the land will not count into the operation duration and implementation schedule of the project. that investment.
Secondly
– However, when the operation term of an investment project expires; but the Investor wishes to extend it and can satisfy the conditions prescribed by current law; the Investor can extend it further; but the operation term of such project must not exceed the above time limit, except for the following projects:
- Investment projects in which the investor uses outdated technology, potentially causing environmental pollution and resource-intensive;
- An investment project in which the investor must transfer without compensation to the State of Vietnam or the Vietnamese party.
Overview of regulations on procedures for renewal of investment registration certificates
Accordingly, the Law of Vietnam stipulates the case of adjusting the location of the investment project, the area of land used; then objectives and scale of investment projects; investment capital of the project, progress of capital contribution and mobilization of capital sources; operational duration of the project; investment project implementation progress; Investment incentives and support (if any) and conditions for investors implementing investment projects (if any), investors must carry out procedures for adjusting the Investment Registration Certificate.
The investor must submit 01 application to the Investment Registration Authority
Including:
- A written request for adjustment of the investment project;
- Report on the implementation of investment projects up to the time of adjustment;
- Then, the investor’s decision on the adjustment of the investment project; (for the cases where the content adjusted: Location of the investment project; land area used; or Objectives and scale of the investment project); Investment capital of the project (including contributed capital by investors and mobilized capital), capital contribution schedule and capital mobilization; or Project operation duration; Investment project implementation schedule investment; or Conditions for investors to implement the project);
- Finally, explain or provide documents related to the adjustment of the respective contents.
Based on:
the above provisions, enterprises with foreign capital that want to extend their investment certificates must follow the following steps:
Step 1: Adjust the Investment Registration Certificate at the competent investment agency;
Step 2: Then, adjust the Certificate of Business Registration at the Business Registration Office.
Dossier for renewal of investment certificate
The list of documents that the Investor needs to prepare to renew the investment certificate includes:
(1) Firstly, a written request for adjustment of the investment project;
(2) Secondly, report on the implementation of the investment project up to the time of application for adjustment of the investment project;
(3) Thirdly, Investor’s decision on adjustment of investment project (Decision and valid copy of meeting minutes of the Members’ Council (for limited liability companies with 2 or more members); of the General Assembly shareholder (for a joint stock company); of a general partner (for a partnership) or a decision on the owner (for a one-member limited liability company); or other legal documents as prescribed by law. law);
In addition
(2) A valid copy of the investment certificate or the decision on investment policy (if any);
(3) Financial statement of the last 2 years of the investor, guarantee of the investor’s financial capacity; confirmation of the bank that the investor has contributed capital.
(4) BCC contract in case of investment project in the form of BCC contract;
(5) Written authorization for the person to submit the application in case the investor does not directly submit the application.
Time limit for processing investment certificate extension application
– Firstly, for an investment project that has been granted an investment certificate and is not required to apply for approval of the policy: the time limit for processing the application for extension of the investment certificate is: 10 working days from the date on which the investment certificate is issued.
– Secondly, for an investment project that has been granted an investment certificate and is subject to the Prime Minister’s policy approval authority: the time limit for processing the application for extension of the investment certificate is: 63 working days from the date of approval valid date of receipt.
– Thirdly, an investment project that has been granted an Investment Registration Certificate and falls under the authority of the People’s Committee of the province to approve the policy: the time limit for processing the application for extension of the investment certificate is: 55 days. working from the date of receiving valid dossiers.
You can refer to the renewal and re-issuance of representative office establishment licenses, The power to issue investment registration certificates in Vietnam, or service of applying for an investment registration certificate in Vietnam.
Related questions about Investment Registration Certificate Renewal Service in Vietnam
– An investment project that has been granted an Investment Registration Certificate and is not required to apply for policy approval, the Investor prepares 01 set of documents and submits it to the competent investment registration agency.
– Then, a project that has been granted an Investment Registration Certificate and is under the Prime Minister’s authority to approve the policy, the investor must prepare 08 sets of documents and submit it to the Ministry of Planning and Investment.
– For an investment project that has been granted an Investment Registration Certificate and is under the authority to approve the policy of the Provincial People’s Committee.
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