Investment registration certificate is a document issued by a competent state agency to foreign investors when participating in business investment in Vietnam. To be granted an investment registration certificate, investors need to ensure the necessary conditions and carry out the necessary procedures. To understand better, take a look at the article below with Hung Nghiep Phu!
- Pursuant to Clause 11, Article 3 of the Investment Law 2020 stipulates: Investment registration certificate is a paper or electronic document recording the investor's registration information about an investment project.
- When foreign investors invest capital to do business in Vietnam, they need to be granted an investment registration certificate by a competent authority according to the law.
- Accordingly, the Investment Registration Certificate is a paper or electronic document containing the investor's registration information about the investment project of a foreign investor.
To be granted an investment registration certificate, investors need to prepare documents including the following components:
- Document requesting implementation of investment project;
- Documents proving the investor's legal status include: ID card/CCD/Passport for individual investors or business registration certificate, establishment decision for institutional investors;
- Documents proving the investor's financial capacity include at least one of the following documents: The investor's most recent 2-year financial statements; commitment to financial support from the parent company; commitment to financial support from financial institutions; guarantee of the investor's financial capacity; Other documents proving the investor's financial capacity;
- Investment project proposal includes the following main contents: Investor or form of investor selection, investment objective, investment scale, investment capital and capital mobilization plan, location, deadline, implementation progress, information on current land use status at the project location and proposed land use needs (if any), labor needs, proposals for investment incentives, socio-economic impact and efficiency of the project, preliminary assessment of environmental impact (if any) according to the provisions of law on environmental protection.
- 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).
After fully preparing the above documents, the investor submits the application to the Investment Registration Authority. Within 15 days from the date of submission, the Investment Registration Authority checks the validity of the application. If the application is valid, the investor will be granted an Investment Registration Certificate by the Investment Registration Authority in accordance with the law. In case the dossier is invalid, the Investment Registration Authority will send an official dispatch requesting the investor to adjust the invalid content and resubmit the dossier according to the correct process, after the dossier is amended accordingly. regulations, the Investment Registration Authority will issue an investment registration certificate to the investor.
In case the investment project is subject to investment policy approval, the investor also prepares the above list of documents and carries out procedures with the Authority competent to approve investment policy (Prime Minister). , Provincial People's Committee or Management Board of industrial parks, export processing zones, high-tech zones, economic zones), after the investment policy is approved, the investor contacts the investment registration agency. Invest to receive an investment certificate for your investment project.
After the investor meets the conditions and completes the application according to the instructions, the following steps are necessary:
Step 1 - Submit application: The investor submits the application package to the competent authority (where the head office is intended to be located).
Step 2 - Document appraisal: The investment registration agency performs the dossier appraisal.
Step 3 - Notification of additional amendments: If there is a request to amend or supplement the dossier, the investment registration agency shall notify the investor (within 15 working days) from the date of receipt of the dossier.
Step 4 - Return results: If the application meets the conditions, the investment registration agency issues an investment certificate to the investor.
However, in reality, depending on each specific project, the process for granting investment registration certificates will be different. We would like to analyze each specific case so that customers can clearly understand.
3.1. For projects subject to investment policy decisions of the Provincial People's Committee
- Investors submit 04 sets of documents to the Department of Planning and Investment where they intend to implement the investment project.
- Department of Planning and Investment sends documents to get appraisal opinions from relevant state agencies.
- The consulted agency has opinions on appraisal of the contents within the scope of its state management and sends them to the investment registration agency.
- Land management agencies are responsible for providing map extracts; Planning management agencies provide planning information as a basis for appraisal. Processing time is within 05 working days from the date of receipt of the request from the Investment Registration Authority.
- The Department of Planning and Investment prepares an appraisal report to submit to the Provincial People's Committee. Upon receiving the dossier and appraisal report, the Provincial People's Committee decides on the investment policy. In case of refusal, it must be notified in writing and clearly state the reason.
- For investment projects with investment capital of 5,000 billion VND or more in accordance with planning approved by competent authorities and implemented outside industrial parks, export processing zones, and economic zones, when consulting Appraisal opinions according to the above regulations, in addition to consulting with competent state agencies, the Department of Planning and Investment sends documents to seek appraisal opinions from the Ministry of Planning and Investment. Provincial People's Committee Decide on investment policy upon receiving the appraisal report from the Department of Planning and Investment.
- The Department of Planning and Investment issues an Investment Registration Certificate to the investor upon receiving the written decision on investment policy.
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3.2. For projects subject to investment policy decisions of the Prime Minister
- The Department of Planning and Investment sends 02 sets of documents to the Ministry of Planning and Investment and sends documents to competent state agencies related to investment projects for comments.
- The consulted agencies have appraisal opinions on the contents within the scope of their state management and send them to the Department of Planning and Investment and the Ministry of Planning and Investment.
- The Department of Planning and Investment submits to the Provincial People's Committee for review and comments to the Ministry of Planning and Investment regarding the investment project.
- Upon receiving opinions from the Provincial People's Committee, the Ministry of Planning and Investment prepares an appraisal report. Upon receiving the appraisal report from the Ministry of Planning and Investment, the Prime Minister decides on the investment policy.
3.3. The project is subject to the investment policy decision of the National Assembly
- Investors submit investment project documents to the Department of Planning and Investment where the investment project is implemented.
- The Department of Planning and Investment sends investment project documents to the Ministry of Planning and Investment to report to the Prime Minister to establish the State Appraisal Council.
- The State Appraisal Council organizes the appraisal of investment project documents and prepares an appraisal report to submit to the Government.
- The Government sends the Investment Policy Decision Document to the appraisal agency of the National Assembly.
- The agency assigned by the National Assembly to preside over verification shall verify the following contents:
+ Meeting the project identification criteria falls under the National Assembly's authority to decide on investment policies;
+ The necessity of project implementation;
+ The project's compatibility with the strategy and master plan for socio-economic development, industry and field development planning, and other land and resource use planning;
+ Objectives, scale, location, time, project implementation progress, land use needs, site clearance plans, immigration, resettlement, main technology selection options, solutions environmental protection;
+ Investment capital, capital mobilization plan;
+ Socio-economic impact and efficiency;
+ Specific mechanisms and policies; incentives, investment support and applicable conditions (if any).
- The National Assembly considers and passes a Resolution on investment policies if the project meets the prescribed conditions.
- The Department of Planning and Investment issues an Investment Registration Certificate to the investor upon receiving the written decision on investment policy.
- Within 05 working days from the date of receiving the document approving the investment policy concurrently with the investor's approval for investment projects subject to issuance of Investment Registration Certificate, the Registration Authority Invest in issuing investment registration certificates to investors.
- The investor prepares and submits documents at the Department of Planning and Investment where the investor's headquarters or executive office is located or is expected to be located; or the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones.
- Investment registration agency receives and checks documents:
+ If the dossier is complete and valid, the dossier will be received and the dossier receipt will be issued to the Investor.
+ If the dossier is incomplete, the receiving/guiding specialist will explain so that the investor can supplement and complete the dossier.
- Within 15 days from the date of receiving complete and valid documents, the Investment Registration Authority shall issue an Investment Registration Certificate to the investor if the prescribed conditions are met.
Fee is a determined amount of money that an organization or individual must pay when using public services of a state agency, according to the provisions in the List of Fees issued with the Law on Fees and Charges. Currently, regulations on fees are not stated in the guiding documents related to the Investment Law 2020, so investors do not have to pay fees when applying for an investment certificate.
5.1. Complete procedures for establishing a business according to Vietnamese law
After receiving the license, investors need to register their business to receive a business registration certificate. According to Decree 01/2021/ND-CP on Business Registration:
- Investment certificate is a mandatory requirement in the registration process of establishing a joint stock company, limited liability company (1 member and two members), partnership company in case the business is established. established by foreign investors or economic organizations with foreign investment capital, according to the provisions of the Investment Law and its implementation instructions.
- After preparing a full application, including the Investment Certificate and necessary documents for the type of business, the investor submits the complete application at the Business Registration Office (under the Department of Planning and Investment). Investment) at the place where the enterprise plans to locate its headquarters. Processing time is 3 - 7 days from the date of submission.
5.2. Open an account and pay fees
- After receiving the business registration certificate, investors need to register to open a bank account.
- Within 30 days from the date of receipt of the business registration certificate, the newly established business license fee declaration must be submitted to the Tax Department according to the declaration form and pay the license fee according to current Vietnamese law.
5.3. Implement investment projects according to regulations
- Implementing investment projects in accordance with regulations is one of the obligations of investors.
- They need to fully implement the contents issued in the investment registration certificate:
+ Project name,
+ Investors,
+ Implementation location,
+ Area of land used,
+ Project goals and scale.
- During the implementation of an investment project, investors can adjust goals, transfer or merge projects, use land use rights or assets in the project to contribute capital or cooperate in business, and must comply with legal regulations.
LEGAL GROUNDS:
- Investment Law 2020 (61/2020/QH14);
- Decree 31/2021/ND-CP guiding the Investment Law;
- Circular 03/2021/TT-BKHDT of the Ministry of Planning and Investment dated April 9, 2021 regulating document and report templates related to investment activities in Vietnam and investment from Vietnam to foreign countries and investment promotion;
- Other relevant legal documents.
Hopefully with the above article, customers will get the necessary information to support the process of applying for their Investment Registration Certificate. Hung Nghiep Phu Construction Investment Co., Ltd - specializes in complete construction of Civil and Industrial projects. We hope to be able to accompany customers in construction projects as well as legal procedures such as preparing planning documents, applying for construction permits, applying for fire prevention and fighting certificates,... If you have any questions or are in need of designing and constructing a complete project, please contact us immediately for a free consultation!
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CONTACT INFO:
Facebook: Công ty TNHH Đầu tư Xây dựng Hưng Nghiệp Phú (興業富)
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Address: No. 2034D, Group 22, Phuoc Thai Quarter, Thai Hoa Ward, Tan Uyen Town, Binh Duong Province
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Source: collected on the Internet
