WHEN MUST FOREIGN INVESTORS APPLY FOR AN INVESTMENT REGISTRATION CERTIFICATE?

Question: In which cases must foreign investors apply for an Investment Registration Certificate?

Gattaca Law attorney answers:

According to Article 37 of the 2020 Investment Law, the following are cases where the procedures for obtaining an Investment Registration Certificate must be followed:

a) Investment projects by foreign investors;
b) Investment projects by economic organizations as specified in Clause 1, Article 23 of this Law.

2. Cases that do not require the procedures for obtaining an Investment Registration Certificate include:

a) Investment projects by domestic investors;
b) Investment projects by economic organizations as specified in Clause 2, Article 23 of this Law;
c) Investments in the form of capital contributions, share purchases, or capital acquisitions of economic organizations.

3. For investment projects specified in Articles 30, 31, and 32 of this Law, domestic investors and economic organizations as specified in Clause 2, Article 23 of this Law can implement the investment project after receiving approval for the investment policy.

4. If investors wish to obtain an Investment Registration Certificate for investment projects as specified in points a and b of Clause 2 of this Article, they must follow the procedures stipulated in Article 38 of this Law.

Thus, foreign investors must apply for an Investment Registration Certificate for all their investment projects.

(Source: Vietnam Investment Guidebook)