CONDITIONS FOR ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE

Investment projects of foreign investors, or economic organizations with foreign investment capital, must carry out procedures for issuing investment registration certificates. The project shall only be allowed to come into operation if it fully meets the prescribed conditions for issuance of Investment Registration Certificateand completes legal procedures and is properly licensed.

What are the conditions for issuance of Investment Registration Certificate for projects not subject to approval of investment guidlines?

1.         Conditions for issuance of Investment Registration Certificate

For an investment project that is not subject to approval of investment policies as prescribed by laws, the investor shall be granted an Investment Registration Certificate if it meets the following conditions:

–           Investment projects not in business lines, fields banned from business investment;

–           Having a location for the the investment project execution;

–           Investment projects suitable with the planning in accordance with the Investment laws;

–           Meeting the conditions on investment rate per land area, number of employees (if any);

–           Meeting market access conditions for foreign investors.

2.         Dossier for issuance of Investment Registration Certificate

–           A written request for implementation of the investment project;

–           Documents on the investor’s legal status (Investor’s passport, Business registration certificate of overseas investor…);

–           Documents proving the financial capacity of the investor (financial statements of the last 2 years of the investor; commitment to financial support of the parent company; commitment to financial support of financial institutions… and related documents;

–           Investment projects proposal;

–           A copy of the application for determination of the right to use the location of the investment project (in case the State does not request land allocation, land lease or permission to change the land use purpose);

–           Explanation of the technology used in the investment project for the project subject to evaluation and collection of opinions on technology in accordance with the law on technology transfer;

–           BCC contract for investment projects in the form of BCC contract;

–           Other documents related to the investment project, requirements on conditions and capacity of the investor as prescribed by laws (if any).

3.         Procedures for issuance of Investment Registration Certificate

Procedures for granting and adjusting the Investment Registration Certificate for investment projects that are not subject to approval of investment policies are as follows:

–           Step 1: The investor submits 01 application for the Investment Registration Certificate to the investment registration agency.

–           Step 2: For an investment project that has been put into operation, the investor submits a dossier in accordance with the Law on Investment, in which the investment project proposal is replaced by a report on project implementation from the time of implementation to the time of applying for the Investment Registration Certificate.

–           Step 3: The investment registration authority shall issue the Investment Registration Certificate to the investor within 15 days from the date of receipt of the valid dossier and the project fully meets the conditions.