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Cases in which the procedures for applying for an Investment Registration Certificate must be implemented

13/10/2021
Investment Registration Certificate is a necessary document when investors conduct projects in Vietnam. However, not all investment projects are required to apply for an Investment Registration Certificate. The following is the procedure for applying for an Investment Registration Certificate.

Cases in which the procedures for applying for an Investment Registration Certificate must be implemented

1. Cases in which the procedures for applying for an investment registration certificate are not required

According to the provisions of Clause 2, Article 37 of the Law on Investment 2020, in one of the following cases, an investment registration certificate is not required:

  • Investment projects of domestic investors.

  • Investment projects of foreign-invested economic organizations that are not required to apply for an investment registration certificate shall comply with investment conditions and procedures as prescribed for domestic investors when making investment. establishment of economic organizations; investment in the form of capital contribution, purchase of shares or capital contribution of economic organizations; investment in the form of BCC contract.

  • Investment in the form of capital contribution, purchase of shares or capital contribution of economic organizations.

2. Cases in which the procedures for applying for an investment registration certificate must be implemented

According to the provisions of Clause 1, Article 37 of the Law on Investment 2020, when are in one of the following cases, the procedures for applying for an Investment Registration Certificate must be implemented:

  • Investment projects of foreign investors.

  • Economic organizations when investing in establishing economic organizations; investment, capital contribution, purchase shares and contributed capital of economic organizations; investment under a BCC contract in one of the following cases:

    • Having a foreign investor holding 51% or more of the charter capital or having the majority of general partners being foreign individuals, for economic organizations being a partnership.

    • Having an economic organization specified at Point a, Clause 1, Article 24 of Law on Investment holding 51% or more of its charter capital.

    • Foreign investors and economic organizations specified at Point a, Clause 1, Article 24 of this Law hold 51% or more of the charter capital.

3. Notes when applying for an Investment Registration Certificate

For projects requiring a policy decision from a competent state agency, the procedures for applying for a policy decision must be implemented first, and then the investment project will be implemented.

For the first two cases, the certificate of investment registration is not required, if necessary, the certificate will still be issued according to the provisions of law.

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Siglaw legal company limited
Headoffice in Hanoi:
Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Hotline: +84 967 818 020
Email: hanoi@siglaw.vn
 
Ho Chi Minh City Branch:
Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.
Hotline: +84 985 982 659
Email: hcm@siglaw.vn
 
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