Tiếng Việt
Table of Contents
1. What is an investment registration certificate?
2. Authority to issue, adjust, and revoke an investment registration certificate
3. Cases where procedures for granting an investment registration certificate are carried out
4. Procedures for granting an investment registration certificate
1. What is an investment registration certificate?
According to Clause 11, Article 3 of the Investment Law 2020, “11. “investment registration certificate” means a physical or electronic document bearing information registered by an investor about an investment project.”
Based on the above provisions, this is a type of document that allows investors or organizations to invest capital in production and business activities.
2. Authority to grant, adjust and revoke investment registration certificates
Pursuant to Article 39 of the 2020 Investment Law, which stipulates the authority to grant, adjust and revoke investment registration certificates:
“1. Management boards of industrial parks, export-processing zones, hi-tech zones and economic zone shall issue, adjust and revoke investment registration certificates with regard to the investment projects located therein, except for the case specified in Clause 3 of this Article.
2. Departments of Planning and Investment shall issue, adjust and revoke investment registration certificates with respect to the investment projects outside industrial parks, export-processing zones, hi-tech zones and economic zones, except for the case in Clause 3 of this Article.
3. The investment registration authority of the administrative division where the investor executes the investment project, places or intends to place the head office or operating office to execute the investment project shall issue, adjust and revoke investment registration certificates with respect to the following investment projects:
a) Investment projects that are executed in at least 02 provinces;
b) Investment projects that are executed both inside and outside industrial parks, export processing zones, hi-tech zones and economic zones;
c) Investment projects which are executed inside industrial parks, export processing zones, hi-tech zones or economic zones where the industrial park, export processing zone, hi-tech zone or economic zone management boards have not yet been established or which are not under the management of the industrial park, export processing zone, hi-tech zone or economic zone management boards.
4. The authority that receives investment project dossiers is the one that has the power to issue investment registration certificates, except for the cases specified in Articles 34 and 35 of this Law.”
3. Cases requiring procedures for granting Investment Registration Certificates
According to Article 37 of the 2020 Investment Law, the cases requiring procedures for granting Investment Registration Certificates are as follows:
“1. Cases requiring procedures for granting Investment Registration Certificates include:
a) Investment projects of foreign investors;
b) Investment projects of economic organizations specified in Clause 1, Article 23 of this Law.
2. Cases not requiring procedures for granting Investment Registration Certificates include:
a) Investment projects of domestic investors;
b) Investment projects of economic organizations specified in Clause 2, Article 23 of this Law;
c) Investment in the form of capital contribution, purchase of shares, purchase of capital contributions of economic organizations.
3. For investment projects specified in Articles 30, 31 and 32 of this Law, domestic investors and economic organizations specified in Clause 2, Article 23 of this Law shall implement the investment project after the investment policy is approved.
4. In case an investor needs to be granted an Investment Registration Certificate for an investment project specified in Point a and Point b, Clause 2 of this Article, the investor shall carry out the procedures for granting an Investment Registration Certificate specified in Article 38 of this Law.”
4. Procedures for granting an Investment Registration Certificate
According to Article 38 of the 2020 Investment Law, the procedures for granting an Investment Registration Certificate are as follows:
“1. If the investment project is subject to approval for its investment guidelines as prescribed in Article 30, Article 31 and Article 32 of this Law, the investment registration authority shall issue the investment registration certificate to the investor within:
a) 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;
b) 15 days from the receipt of the investor’s investment registration certificate with respect to the investment project other than that specified in Point a of this Clause.
2. If the investment project is not subject to approval for its investment guidelines as prescribed in Article 30, Article 31 and Article 32 of this Law, the investor shall be issued with the investment registration certificate if the following conditions are met:
a) The investment project does not involve any banned business line;
b) There is a location for execution of the investment project;
c) The investment project is conformable with the planning specified in Point a Clause 3 Article 33 of this Law;
d) The investment per m2 (or investment per employee) is not smaller than the minimum requirement.
dd) Market access conditions applied to foreign investors are satisfied.
3. The Government shall elaborate conditions, applications and procedures for issuance of the investment registration certificate.”