Many individuals and organizations want to invest in Vietnam to establish a company. So what is the content of the investment registration certificate? LSX Lawfirm will give you the answer according to this article: “Contents of investment registration certificate” as follows:
Legal grounds
Law on investment 2020
Decree No. 31/2021/ND-CP
What does “Investment registration certificate” means?
Accordingly, “Investment registration certificate” means a physical or electronic document bearing information registered by an investor about an investment project.
Related article: What is an investment certificate?
The power to issue investment registration certificates in Vietnam
Procedures for issuance of the investment registration certificate
Contents of investment registration certificate
1. Name of the investment project.
Note: When there is a need to change the contents of the Investment Registration Certificate, the investor shall carry out the procedures for adjusting the Investment Registration Certificate. The content of the Investment Registration Certificate has the name of the investment project. Therefore, when there is a need to change the name of an investment project, the investor needs to carry out the procedures for changing the content of the Investment Registration Certificate as prescribed.
2. The investor.
Accordingly, investor means an organization or individual that carries out business investment activities. Investors include domestic investors, foreign investors and foreign-invested business organizations.
Foreign investor means an individual holding a foreign nationality or an organization established under foreign laws and carrying our business investment activities in Vietnam.
Domestic investor means an individual holding Vietnamese nationality or a business organization whose members or shareholders are not foreign investors.
3. Investment project code.
- A code of an investment project is a sequence of numbers automatically that the National Foreign Investment Information System generated and they wrote on the investment registration certificate. Each investment project issued with a single code, exists throughout the operation of the project and expires upon termination of the investment project.
- With regard to an investment project executed according to the investment certificate, investment license or another equivalent document, the code of the investment project is the number of the investment certificate, investment license or the equivalent document issued to the investment project.
- The competent authority shall use codes of investment projects uniformly to manage and exchange information about investment projects.
4. Location and land area of the investment project.
About location, Decree 31/2021/ND-CP does not stipulate that investors must have land before carrying out investment registration procedures, only stipulates that investors write the expected investment location and land use demand in the document. investment registration.
The competent authority may approve the investment location before or after the investor is in the investment registration procedure. In case the actual investment location is different from the location stated in the Investment Certificate, the investor shall carry out the procedures to amend the Investment Certificate in accordance with current law.
About land area, when issuing the investment certificate, the investment certificate-issuing agency shall record the land area used or expected to be used by the investment project in the section of land use area. In case the actual land area is different from the land area stated in the investment certificate, the investor shall carry out procedures for adjusting the content of the used land area stated in the investment certificate after receiving the land for project implementation.
5. Objectives and scale of the project.
According to the provisions of the Investment Law, an investment project may only operate within the registered project scale. Investors may be fined VND 20 million to VND 30 million if they do not adjust the investment project or VND 30 million to VND 40 million if they conduct investment activities that are not in accordance with the contents of the investment registration dossier. (Article 13 of Decree 50/2016/ND-CP on sanctioning of administrative violations in the field of investment). In case the investor wants to change the project scale, he/she must carry out the procedures for registration for adjustment of the Investment Certificate and obtain the approval of the competent state agency.
6. Capital investment in the investment project (including the investor’s contributed capital and raised capital).
7. Duration of the investment project.
8. Project execution schedule
Including:
a) Firstly, Capital contribution and capital raising schedule.
b) Secondly, schedule of achievement of primary operational objectives of the investment project, execution schedule of each stage (if the project is divided into multiple stages).
9. Investment incentives or investment assistance, and bases or conditions for application thereof (if any).
10. Conditions applied to the investor executing the investment project (if any).
Related questions about contents of investment registration certificate
Capital investment in the investment project
When conducting business investment of a project, capital is needed to implement that investment project, called investment capital.
Advantages of capital investment
Investment capital can be flexible depending on the implementation of specific investment projects. When an enterprise carries out each project, the investment capital will be different, so it is not possible to identify the investment capital as the charter capital of the enterprise. Therefore, in order to ensure investment activities for project implementation; the implementing enterprise may contribute part or all of its charter capital in addition to other sources of capital mobilized for investment.
What does investment capital include?
Investment capital includes the charter capital of the enterprise (which can be a part or the whole); mobilized capital, borrowed capital from other individuals and organizations. Therefore, the investment capital is more extensive than the charter capital of the enterprise; when implementing an investment project, an enterprise can spend the entire charter capital of the enterprise or a part of the charter capital to conduct business in addition to the charter capital of the enterprise. other funding sources.
In some cases, when implementing an investment project; an enterprise puts all its charter capital into the implementation of that project without raising any other capital; then the investment capital is equal to the charter of the enterprise. However, in this case, the concept of investment capital and charter capital must not be identical. volume_upcontent_copysharestar_border.
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