ISSUING INVESTMENT REGISTRATION CERTIFICATE
 

Question: What are the steps for issuing an investment registration certificate?

Gattaca Law attorney answers:

In cases where the project is not subject to investment policy approval procedures (as mentioned in Section 2 above), after selecting and deciding on the project location, the foreign investor prepares and submits an application for the investment registration certificate for the project.

The competent authority will issue an investment registration certificate when the project meets the following conditions:

(i) The investment project is not in a prohibited business sector;

(ii) The project has a specific location for implementation;

(iii) The investment project aligns with national, regional, provincial, urban, and special administrative-economic zone plans (if applicable);

(iv) It meets the investment criteria in terms of land area and the number of employees used (if applicable);

(v) It satisfies market access conditions for foreign investors.

If the project is located within an industrial park (IP), the investor submits the application to the provincial IP management board. If the project is outside an IP, the investor submits the application to the provincial Department of Planning and Investment where the project is located.

Documents that the investor needs to prepare: Depending on the investment project, during the process of obtaining investment approval/issuing the investment registration certificate, the investor needs to prepare the following legal documents and essential information:

(i) Documents related to the investor's legal status: A certificate of incorporation or a business registration certificate for corporate investors; a copy of the passport or identification card for individual investors;

(ii) Documents proving the investor's financial capability, including at least one of the following: financial statements for the last two years; a financial support commitment from the parent company; a financial support commitment from a financial institution; a guarantee of the investor's financial capability; other documents proving the investor's financial capability;

(iii) A project proposal including the following main content: investment objectives, investment scale, capital investment and fundraising plans, timeframe, implementation schedule, information on current land use at the project site and land-use needs (if applicable), labor needs, proposed investment incentives, the economic and social impact of the project, a preliminary environmental impact assessment (if applicable) in accordance with environmental protection laws;

(iv) Documents related to the project's location;

(v) An explanation of the technology used in the investment project for projects subject to technology evaluation or review as required by technology transfer laws;

(vi) A BCC contract for investment projects in the form of BCC contracts;

(vii) Other documents related to the investment project, requirements on investor conditions, and capabilities as per legal regulations (if applicable).

(Source: Vietnam Investment Guidebook)