Instructions on the Procedure of applying for an Investment Registration Certificate

1. Conditions on applying for an Investment Registration Certificate

To apply for a certificate, investors need to meet the following conditions:

• Condition 1: The investment project must not be in prohibited business lines in accordance with current laws.

• Condition 2: The investor has a lawful place to execute the investment project.

• Condition 3: The investment project must be in accordance with the planning (specified in Clause 3, Article 33 of the Law on Investment 2020).

• Condition 4: Satisfy the conditions on investment rate per land area, number of employees (if any).

• Condition 5: Meeting the conditions on market access for foreign investors.

2. Application for Investment Registration Certificate

When investors need to apply for an investment certificate, they need to prepare 01 complete application including the following documents and submit the application to the competent authority:

• Investors need to prepare a written request for implementation of an investment project (made according to the form).

• Documents proving the investor's legal status – Copy of identity card or passport (Applicable in case the investor is an individual); Copy of Business Registration Certificate (Applicable in case the investor is a legal entity).

• Investors prepare investment project proposals (scale, capital,...).

• Copy of one of the following documents:

  • Financial report for the last 02 (two) years of the investor.

  • Commitment to financial support of the parent company.

  • Commitment to financial support from a financial institution.

  • Guarantee of investors' financial capacity; document explaining the financial capacity of the investor.

• Prepare the Land Use Demand Proposal; 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 site for conducting the investment project.

• Prepare an Explanation on technology use if the project uses technology on the List of technologies restricted from transfer (according to current regulations).

• BCC contracts for investors implementing investment projects shall be implemented in the form of BCC contracts.

• Other documents related to the investment project, requirements on conditions and capacity of the investor in accordance with current Vietnamese law (if any).

3.The Procedure of applying for an Investment Registration Certificate

After the investor meets the above conditions and has prepared a complete set of documents, the investor needs to carry out the following procedures:

Step 1: Submit your application

The investor submits 01 application to the competent authority (where the investor intends to locate his/her head office).

Step 2: Verify application

The investment registration agency conducts the appraisal of the application.

Step 3: Notice of additional amendments (in case of having to amend and supplement application)

If the application needs to be amended or supplemented, the Investment Registration Authority shall send a notice requesting the amendment and supplement to the Investor (send notice within 15 working days) from the date of receiving the application.

Step 4: Issuing an investment certificate (in case it is NOT necessary to amend and supplement the application)

After the appraisal, If all conditions are met, the Investment Registration Authority shall issue an Investment Certificate to the Investor.