Service of applying for an investment registration certificate in Vietnam

Business investment is the investment by an investor to carry out business activities. Investors can participate in the establishment of economic organizations; so investment, capital contribution, purchase of shares and contributed capital of economic organizations; investment in the form of a contract or implementation of an investment project. LSX Lawfirm wil give you an article about: “Service of applying for an investment registration certificate in Vietnam”, as follows:

Legal grounds

Law on enterprises 2020

Law on investment 2020

Investment registration certificate means?

Accordingly, an investment registration certificate is a type of operation license issued by a competent authority to individuals or organizations that fully meet the conditions prescribed by law, an investment registration certificate or an investment registration certificate. Investment certificate is also one of the necessary documents to be able to set up a foreign company in Vietnam.

Related article: What is an investment certificate?

The power to issue investment registration certificates in Vietnam

Contents of investment registration certificate

Service of applying for an investment registration certificate in Vietnam

In which case a project must carry out procedures for issuance of an Investment Registration Certificate
Investment projects of foreign investors

Investment project of an economic organization in one of the following cases:

• Case 1: There is a foreign investor holding 51% or more of the charter capital or the majority of general partners are foreign individuals, for economic organizations being a partnership;
• Case 2: Having an economic organization in case 1 holding 51% or more of charter capital;
• Finally, Foreign investors and economic organizations in case 1 hold 51% or more of charter capital.

Procedures for granting investment registration certificates to foreign investors

Procedures for applying for an investment certificate are carried out in the following order of steps:

For investment projects subject to investment policy decisions – according to state regulations

Within a maximum of 5 working days from the date of receipt of the investment policy decision, the investment registration agency shall issue the Investment Registration Certificate.

For investment projects that are not subject to the investment policy decision as prescribed, the investor shall carry out the procedures in turn in the order of steps

– Submit a complete application for an investment registration certificate to the investment registration office of the Department of Planning and Investment, specifically:

• Documents on the proposal for implementation of the investment project
• Then, Investor’s papers: copy of identity card, citizen’s identity card or passport if it is an individual. Or a copy of the business registration certificate if it is an organization
• Proposal of the investment project
• Copies of papers and documents of the commitment letter on financial support from the parent company; financial statements for the last 2 years; documents on financial capacity from investors, commitment about financial support from a financial institution.

Papers proving that the investor, the law allowed to use a certain location to serve the implementation of the project or propose the need for land use.

• BBC contract if the investment project implemented in the form of a BCC contract
• If the technology applied in the project is on the list of technologies restricted from transfer; a written explanation for the use of such technology is required.

– Finally, within 15 days from the time the investor submits the complete application; the competent authority will grant to the investor an Investment Certificate.

So, if the investor is not granted an Investment Certificate, the competent authority will notify the investor in writing and that notice clearly states the reason for the refusal.

Related questions

1.Who has the authority to approve the investment policy?

So, The National Assembly, The Prime Minister and provincial People’s Committees who has the authority to approve the investment policy.

2. How many 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?

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.

3. How many days from the receipt of the investor’s investment registration certificate with respect to the investment project?

So, 15 days from the receipt of the investor’s investment registration certificate with respect to the investment project

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