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THE COMPETENT AUTHORITY GRANTS FOR INVESTMENT REGISTRATION CERTIFICATE IN VIETNAM

As Vietnam integrates further into the global supply chain, foreigners are more and more encouraged to invest in Vietnam in many areas for pursuing profit. An investment registration certificate is one of the mandatory legal documents for projects in the case of having to apply for an investment registration certificate. In fact, applying for an Investment Registration Certificate is not simple. In each different case, the enterprise will apply for an Investment Registration Certificate at different management agencies. In this article, Doanh Tri Law Firm will shed light on this problem.

I. Legal basis

- Law on Investment 2020.

II. Cases for the investment registration certificate

- Investment projects of foreign investors;

- Investment projects of economic organizations that satisfy the conditions and comply with investment procedures as prescribed for foreign investors when investing to establish other economic organizations; make a capital contribution, purchase shares, purchase capital contribution portion of other economic organizations; investment in the form of BCC contract if such economic organization falls into one of the following cases:

+ There are foreign investors holding more than 50% of the charter capital or the majority of general partners are foreign individuals, for economic organizations that are partnerships;

+ Having an economic organization with a foreign investor holding more than 50% of the charter capital or having the majority of general partners being foreign individuals, for an economic organization being a partnership holding over 50% of the capital;

+ There are foreign investors and economic organizations in which foreign investors hold more than 50% of the charter capital, or the majority of general partners are foreign individuals, for economic organizations that are partnerships. holding more than 50% of charter capital.

Cases that do not have to carry out procedures for granting an Investment Registration Certificate include:

- Investment projects of domestic investors;

- Investment projects of economic organizations are specified in Clause 2, Article 23 of Law on Investment 2020.

Note: In case an investor wishes to issue an Investment Registration Certificate for an investment project that is not required to apply for an Investment Registration Certificate, the investor shall carry out procedures for issuance of an Investment Registration Certificate. investment registration in accordance with the law.

III. Investment Certificate

Dossier of application for investment certificate:

- A written request for the implementation of an investment project;

- Copy of identity card/identity card or passport for individual investors; a copy of the Certificate of Establishment or other equivalent document certifying the legal status of the investor is an organization;

- The investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule, demand for labor, the proposal for investment incentives, assessment of the project's socio-economic impact and efficiency;

- A copy of one of the following documents: Financial statements of the last 2 years of the investor; commitment to the financial support of the parent company; financial institution's commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;

- Proposing land use plan; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the land to carry out investment project.

The competent authority grants for the investment registration certificate

The Department of Planning and Investment shall issue Investment Registration Certificates for the following investment projects:

+ Investment projects outside industrial parks, export processing zones, high-tech zones, economic zones;

+ Investment projects on infrastructure development of industrial parks, export processing zones, high-tech parks, and investment projects in industrial parks, export processing zones, and hi-tech zones in localities where the Management Board has not been established.

- Management Boards of industrial parks, export processing zones, hi-tech parks, and economic zones shall receive, issue, adjust and revoke investment registration certificates for investment projects in industrial parks, industrial zones, export processing, high-tech zones, economic zones:

+ Investment projects on infrastructure development of industrial parks, export processing zones, and high-tech zones;

+ Investment projects implemented in industrial parks, export processing zones, high-tech zones and economic zones;

- The Department of Planning and Investment where the investor locates or is expected to have its head office or executive office to implement an investment project shall receive, issue, adjust and revoke the Investment Registration Certificate for the project. the following investments:

+ Investment projects implemented in many provinces and Central cities;

+ Investment projects are implemented simultaneously inside and outside industrial parks, export processing zones, high-tech zones, and economic zones.

The above information is about the ‘The competent authority grants for an investment registration certificate in Vietnam.' For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

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