INVESTMENT REGISTRATION CERTIFICATE

Investment registration certificate or investment certificate is a necessary legal document for domestic and foreign investors when conducting investing activities in Vietnam. So how is the investment certificate under current law regulated ?

I. Definition of Investment Certificate

Investment registration certificate means a physical or electronic document bearing information registered by an investor about an investment project.

II. Cases in which the investment registration certificate is required

1. Investment registration certificate is a requirement in the following cases

• Investment projects of foreign investors;

• Investment projects of a foreign-invested business organization in one of the following cases:

• Over 50% of its charter capital or more is held by a foreign investor(s) or the majority of the general partners are foreigners if the business organization is a partnership;

• Over 50% of its charter capital or more is held by a business organization(s) (that holds over 50% of the charter capital or the majority of the general partners are foreigners if the business organization is a partnership);

• Over 50% of its charter capital or more is held by a foreign investor(s) and a business organization(s) (that holds over 50% of the charter capital or the majority of the general partners are foreigners if the business organization is a partnership).

2. Cases in which the investment registration certificate is not a requirement

• Investment projects of domestic investors;

• Investment projects of economic organizations that do not fall into the cases mentioned above in section 2.1b;

• Investment in the form of capital contribution, purchase of shares or stakes in a business organization.

• If investors wish to obtain an investment certificate for an investment project falling into any case mentioned in 2.2a or 2.2b, they shall carry out the procedures for applying for an investment registration certificate at a competent authority as prescribed in the law.

III. Contents of Investment Registration Certificate

• The investment certificate must include the following information:

• Name of the Investment project.

• The investor.

• Investment project code.

• Location and land area of the investment project.

• Objectives and scale of investment projects.

• Capital investment in the investment project (including the investor's contributed capital and raised capital).

• Duration of the investment project.

• Project execution schedule, including:

  • Capital contribution and capital raising schedule;

  • Schedule of achievement of primary operational objectives of the investment project; execution schedule of each stage (if the project is divided into multiple stages);

• Investment incentives or investment assistance, and bases or conditions for application thereof (if any).

• Conditions applied to the investor executing the investment project (if any).

• Competent authority to issue investment certificates.

IV. Management boards of industrial park, export-processing zone, hi-tech zone and economic zone shall issue investment registration certificates for the following investment projects:

• Projects on investment in and commercial operation of infrastructure in industrial parks, export-processing zones, hi-tech zones and economic zones;

• Investment projects executed inside industrial parks, export-processing zones, hi-tech zones and economic zones.

V. Departments of Planning and Investment of provinces where investment projects are executed or where operating offices are located or expected to be located for execution of investment projects shall issue, adjust and revoke investment registration certificates of the following investment projects:

• Investment projects executed in 02 provinces or more;

• Investment projects executed inside and outside industrial parks, export-processing zones, hi-tech zones and economic zones;

• Investment projects executed inside industrial parks, export-processing zones, hi-tech zones and economic zones where management boards of such industrial parks, export-processing zones, hi-tech zones and economic zones have yet been established or are not under the management of the management boards of industrial parks, export-processing zones, hi-tech zones and economic zones.

In conclusion, in Vietnam, investors have to obtain an Investment Registration Certificate to be eligible for business establishment. If you have any questions or need further advice on the procedures to apply for an Investment Registration Certificate in Vietnam, please contact LVI Law Firm's experts for the best support.