3 Tháng Mười Một, 2023

How do the investors carry out procedures for applying for Investment Registration Certificate before establishing the private enterprise with foreign investment?[1]

1. Before applying for an Investment Registration Certificate, in some cases investors must register their investment policies under the authority of the National Assembly, the Prime Minister or the People’s Committee provincial people. After the investment policy has been approved. The investment registration agency issues Investment Registration Certificates for investment projects subject to investment policy approval within 5-15 days depending on each specific case.

2. Opposite, investment projects that are not subject to investment policy decisions, procedures for establishing a 100% foreign-owned company include the following steps:

Step 1: The investor submits 01 set of application documents to the investment registration agency, as follow:

+A written request to implement the investment project, including a commitment to bear all costs and risks if the project is not approved.

+Documents on the investor’s legal status.

+ Documents proving the investor’s financial capacity.

+ Propose investment projects. Investors may submit a pre-feasibility study report instead of the investment project proposal (for the cases where the law on construction stipulates)

+ In case the investment project does not request the State to allocate land, lease land, or allow change of land use purpose, investors submit a copy of land use rights documents or other documents determining the right to use the location to implement investment projects.

+ Explanatory content about the technology used in the investment project for projects subject to appraisal and consultation on technology according to the provisions of law on technology transfer.

+ BCC contract for investment projects in the form of BCC contract.

+Other documents related to the investment project, conditions and capacity requirements of the investor according to the provisions of law (if any).

*Note: For investment projects that have been put into operation, investors submit the investment project proposal is replaced by a report on the implementation of the investment project from the time of implementation to the time of applying for an Investment Registration Certificate to carry out procedures for establishing a 100% foreign-owned company

Step 2: The investment registration agency issues the Investment Registration Certificate to the investor within 15 days from the date of receipt of valid documents when the project meets the following conditions:

+ Not belonging to industries or professions banned from business investment[1]

+There is a location for implementing the investment project determined on the basis of a valid copy of documents on land use rights or a valid copy of the location rental agreement or other documents or documents determining the right to use the location. points for implementing investment projects;

+ Investment projects are in accordance with the planning;

+Meet the conditions for investment rate per land area prescribed by the Provincial People’s Committee based on actual local conditions and approved by the Standing Committee of the Provincial People’s Council (if any), No. amount of labor used (if any);

+ Meet market access conditions for foreign investors.

See more contents about investor in Vietnam:

Can foreign investors establish organization/enterprise in Vietnam?

[1] Based on the provisions of the Investment Law and international treaties on investment;

[1] Article 33.1 Law on investment 202

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