The more economic development, the more projects are invested. So which projects must apply for an investment certificate? What is an Investment Registration Certificate? LSX Lawfirm will give you an article about: “Projects applying for investment certificates in Vietnam”, as follows:
Legal grounds
Law on investment 2020
What is an Investment Registration Certificate?
Investment registration certificate is a type of license granted to investors by a competent state agency; At the same time, it is a condition for investors to make investments in Vietnam.
Accordingly, Clause 11 Article 3 of the Law on Investment 2020 provides the definition of an investment registration certificate:
Investment registration certificate means a paper or electronic document recording the investor’s registration information about an investment project.
In which, the investor’s registered information about the recorded investment project includes:
- Name of investment project.
- Then Investors.
- Code of investment project.
- Then Location of the investment project, land use area.
- Objectives and scale of investment projects.
- Then Investment capital of the investment project (including contributed capital of the investor and mobilized capital).
- Operational duration of the investment project.
- Investment project implementation progress, including: Capital contribution and capital mobilization schedule; The progress of the implementation of the main operational objectives of the investment project, in case the investment project is divided into phases, the progress of each stage must be specified.
- Forms of incentives, investment support and application grounds and conditions (if any).
– Conditions for investors implementing investment projects (if any).
Authority to grant investment registration certificates in Vietnam
Firstly, Management Board of industrial zones, export processing zones, high-tech zones and economic zones
Issuance, adjustment and withdrawal of certificates of investment projects in industrial parks; manufacturing area; High-tech Zone; economic sector. Unless otherwise specified.
Secondly, Department of Planning and investment
Issuance, adjustment and withdrawal of certificates of: investment projects outside industrial zones; manufacturing area; High-tech Zone; economic sector. Unless otherwise specified.
Thirdly, the investment registration agency where the investor implements the investment project, locates or plans to locate the executive office to implement the investment project
Issuance, adjustment and withdrawal of certificates of investment for the following investment projects:
- Investment projects implemented in 02 or more provincial-level administrative units;
- So, Investment projects implemented inside and outside the industrial park; manufacturing area; High-tech Zone; economic sector
- Then Investment projects in industrial parks; manufacturing area; High-tech Zone; economic zones where industrial park management boards have not yet been established; manufacturing area; High-tech Zone; economic zones or not under the management of the Industrial Park Management Board; manufacturing area; High-tech Zone; economic sector.
Finally, the agency receiving investment project dossiers is the agency competent to grant investment registration certificates; except for the cases specified in Article 34 and Article 35 of the Law on Investment 2020.
You can also refer to the article related to regulations on issuance of business registration certificates in Vietnam: Tasks and powers of Business Registration Offices in Vietnam, or some basic information about enterprise registration; State management of enterprise registration in Vietnam.
Projects applying for investment certificates in Vietnam
So, Projects must carry out procedures for granting investment certificates; According to the provisions of Clause 1, Article 37 of the Investment Law 2020, including:
- Firstly, Projects of foreign investors.
- Secondly, Projects of economic organizations specified in Clause 1, Article 23 of the Law on Investment 2020.
- Finally, Projects of domestic investors and investment projects of economic organizations specified in Clause 2, Article 23 of the Law on Investment in 2020 that need to be granted investment registration certificates.
The issuance of an investment registration certificate depends on whether the investment project needs approval of the investment policy or not:
- Investment projects that need approval of investment policies and must be issued with an investment registration certificate, the decision on investment policies must be made first, then the issuance of an investment registration certificate.
- Then Investment projects that do not need to be approved for investment policies and must be granted an investment registration certificate, only need to apply for a certificate.
Related questions
Investor means an organization or individual that invests capital; to do business. The investor is the organization that owns the capital/assigned on behalf of the capital owner, the borrowing organization directly manages the project implementation process.
Thus, in case you invest capital in a business project, you are considered an investor in that project.
Investors conduct outward investment activities in the following forms:
a) Establishing an economic organization in accordance with the law of the host country;
b) Investment in the form of a contract abroad;
c) Contributing capital, buying shares, buying capital contributions of an economic organization abroad to participate in the management of such economic organization;
d) Buying and selling securities and other valuable papers or investing through securities investment funds or other intermediary financial institutions in foreign countries;
d) Other forms of investment as prescribed by the law of the host country.
Investment project code.
Investor.
Name of investment project, name of overseas economic organization (if any).
Investment objectives and locations.
Investment form, investment capital, source of investment capital, form of investment capital, progress of outward investment activities.
Rights and obligations of investors.
Investment incentives and support (if any).
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