I. Legal basis

 Law on Investment 2014;

– Enterprise Law 2014;

– Relevant legal documents.

II. General consultation

Where projects ph frontier procedures Certificated investment registration

– Investment projects of foreign investors;

– Investment projects of the following economic organizations:

+ Having foreign investors holding 51% or more of the charter capital or having the majority of the general partners being foreign individuals, if the economic organization is a partnership;

+ There is an economic organization in case 1 that holds 51% or more of the charter capital;

+ Having foreign investors and economic organizations in case 1 holding 51% of the charter capital or more.

+ The BBC project

In case the project is not required to apply for the Investment Registration Certificate

– Investment projects of domestic investors;

– Foreign-invested economic organizations other than those specified at Points a, b and c, Clause 1 of this Article shall comply with investment conditions and procedures as prescribed for domestic investors. Private establishment of economic organizations; investment in the form of capital contribution, share purchase, or capital contribution of economic organizations; Investment in the form of a BCC contract.

– Investment in the form of capital contribution and share purchase and capital contribution of economic organizations ế

III. Procedures for applying for Investment Registration Certificate to foreign investors

3.1. For investment projects not subject to investment policy decision

Step 1: Procedure to apply for an Investment Registration Certificate

– Prepare 01 application file for the Investment Registration Certificate;

– Submit application to the investment registration authority:

+ Department of Planning and Investment

+ Management Board of industrial zones

+ High-tech park management board

– Explanation of documents, licensing conditions (if any)

– Receive the result of the Investment Registration Certificate/Notice of not being granted the Investment Registration Certificate after 15 working days from the date of submitting a complete and valid application file.

Step 2: Carry out enterprise registration procedures

– Prepare application file for the Certificate of Business registration;

– Submit documents to the business registration office: Business Registration Office of the province/city directly under the Central Government;

– Explain and provide other documents (if any);

– Receive the result of Business Registration Certificate/Notice of refusal to issue the Business Registration Certificate:

3.2. For an investment project whose decision on investment policy is issued by the People’s Committee of the province.

Step 1: Procedure to apply for an Investment Registration Certificate

– Prepare 04 sets of application file for Investment Registration Certificate;

– Submit application to the investment registration authority:

+ Department of Planning and Investment

+ Management Board of industrial zones

+ High-tech park management board

– Explanation of documents, licensing conditions (if any)

– Within 35 days from the date of receiving the investment project dossier, the investment registration agency must notify the result to the investor.

– Within 03 working days from the date of receipt of a complete investment project dossier, the investment registration agency shall consult a competent state agency on the content of the investment project under its management agency.

– Within 15 days from the date of receipt of the investment project dossier, the agency may be consulted to appraise the contents under its state management and send it to the investment registration agency.

– Within 25 days after receiving the investment project dossier, the investment registration agency shall make an appraisal report and submit it to the provincial-level People’s Committee.

– Within 07 working days from the date of receipt of the application and appraisal report, the People’s Committee of the province shall issue a decision on investment policy, in case of refusal, it must notify in writing and state the reason.

– Within 05 working days from the date of receipt of the decision on investment policy from the People’s Committee of the province, the investment registration authority shall issue the Investment Registration Certificate to the investor.

Step 2: Similar to Step 2 of the Project which is not subject to investment policy decision

3.3. For projects subject to investment policy decision of the Prime Minister

Step 1: Procedure to apply for an Investment Registration Certificate

– Prepare 08 dossiers of application for the Investment Registration Certificate;

– Submit application to the investment registration authority:

+ Department of Planning and Investment

+ Management Board of industrial zones

+ High-tech park management board

– Explanation of documents, licensing conditions (if any)

– Within 03 working days from the date of receipt of a valid application, the Authority registered investment send 02 sets to the Ministry of Planning and send records for state agencies have authority related to the investment project for comments.

– Within 15 days after receiving the request of the investment registration agency, the agencies that have comments on the contents of their state management shall send them to the investment registration agency and the Ministry of Planning. Planning and Investment.

– Within 25 days of receipt of a valid application, the Authority registered investment projects Incubate people’s committees c ä p provincial review, which is sent to the Ministry of Planning and Investment.

– Within 15 days after receiving the opinion of the provincial People’s Committee, Department Planning and Investment l struck evaluation reports to p ì nh Prime Minister decided the investment policy.

– Within 07 working days from the date of receipt of the appraisal report from the Ministry of Planning and Investment, the Prime Minister shall issue a decision on investment policy. Magazines for her n investment policy decisions are sent Ministry Planning and Investment, the provincial People’s Committee and Registration Authority invested.

– Within 05 working days from receipt of the written decision ch incubated investment policy, the Authority registered investment registration certificate of investment for investors.

Step 2: Similar to Step 2 of the Project which is not subject to investment policy decision

For projects subject to investment policy decision of the Prime Minister

IV. Application file for Investment Registration Certificate

– Written request for investment project implementation according to the Form;

– Copy of ID card, ID card or passport for individual investor, copy of Certificate of Establishment or other documents for institutional investor;

– Investment project proposal includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital raising plan, location, duration, investment schedule investment, labor demand, proposal for investment incentives, assessment of the project’s socio-economic impact and efficiency;

– For an investment project already in operation, the investor shall submit a dossier according to the above provisions, in which the investment project proposal is replaced by an investment project execution report from the time of implementation. up to the time of application for the Investment Registration Certificate.

– A copy of one of the following documents: investor’s financial statements for the last 2 years; commitment to financial support of the parent company; commitment to financial support of a financial institution; guarantees on investors’ financial capacity; documents explaining the financial capacity of the investor;

– Proposal on demand for land use; In case the project does not request the State to allocate or lease land, or permit the change of land use purpose, submit a copy of the lease agreement or other documents certifying that the investor has the right to use the site for real current investment projects;

– Explanation of technology use for Project using technology on the List of technologies restricted from transfer under the provisions of law on technology transfer, including the following contents: name of technology, origin of technology technology process diagrams; main specifications, usage status of main machinery, equipment and technological line;

– BCC contract for an investment project in the form of a BCC contract.

V. Application for Business Registration Certificate

– Application form for enterprise registration;

– Company charter;

– List of members/founding shareholders of the company/shareholders being foreign investors/authorized representatives of members, shareholders being organizations;

– A valid copy of one of the personal identification papers (ID/Passport) in case the enterprise founder is an individual; Establishment Decision or Certificate of Business Registration enterprise or other equivalent document, one of the personal identification papers of the authorized representative and the corresponding authorization document in case the enterprise founder is an organization;

– A valid copy of the Investment Registration Certificate

VI. Work contents & Service fees of Thanh Do Law firm

Thanh Do Law with many years of experience in the investment sector. We are proud to be one of the leading providers of legal services for foreign investors in Vietnam.

– Consulting businesses on the conditions, processes, procedures, documents necessary to apply for the certificate of investment and business registration at the competent authority;

– Supporting the customers in preparing papers, checking provided papers and documents;

– Prepare and draft application for investment registration certificate & business registration certificate;

– Representative of your business to submit dossiers at the relevant authorities;

– Support for explanation at the relevant authorities about the records in accordance with the law;

– Business representatives take the results as the investment registration certificate and business registration certificate;

– Enterprise representatives pay State fees and charges according to the State’s regulations;

– Supporting businesses to complete procedures after being licensed;