As Vietnam integrates further into the global supply chain, foreigners are more and more encouraged to invest in Vietnam in many areas for pursuing profit.
Granting Investment Registration Certificate in Vietnam
1. As Vietnam integrates further into the global supply chain, foreigners are more and more
encouraged to invest in Vietnam in many areas for pursuing profit. The foreign direct investment
of the foreigners is required to be registered at Vietnam state authority to protect the rights of the
investor.
According to the Law on Investment 2014, investment projects of foreign investors; projects of
setting up a economic organization in which foreign investors holding 51% of charter capital or
more or the majority of the general partners are foreigners in a partnership; projects of BCC
contract between domestic investors and foreign investors or between domestic investors and
economic organization which foreign investors holding 51% of charter capital or more or the
majority of the general partners are foreigners shall need to conduct the procedure of applying
investment registration certificate as regulations of law.
Preparation of dossier:
-A written request for permission for execution of the investment project;
-A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of
establishment or an equivalent paper that certifies the legal status of the investor (if the investor is
an organization).
-An investment proposal that specifies: investor(s) in the project, investment objectives,
investment scale, investment capital, method of capital rising, location and duration of investment,
labor demand, requests for investment incentives, assessment of socio-economic effects of the
project;
-Copies of any of the following documents: financial statements of the last two years of the
investor; commitment of the parent company to provide financial support; commitment of a
financial institutions to provide financial support; guarantee for investor’s financial capacity;
description of investor’s financial capacity;
-Demand for land use; if the project does not use land allocated, leased out by the State, or is not
permitted by the State to change land purposes, then a copy of the lease agreement or other
documents certifying that the investor has the right to use the premises to execute the project shall
be submitted;
-Explanation for application of technologies to the project which specifies: names of technologies,
origins, technology process diagram, primary specifications, conditions of machinery, equipment
and primary technological line;
-The business cooperation contract (BCC) (if the project is executed under a BCC).
Order and Procedure:
-Investors submit the dossier at Department of Planning and Investment (or management of
economic zones, high-tech zones);
-Within 15 working days from the date of receipt of a complete and valid dossier, the competent
authority shall grant the investment registration certificate for investors.
2. In practice, the time duration would be lengthened due to the time for preparation of documents
from investor, getting them notarized, legalized and authenticated before being accepted in
Vietnam. The documents in foreign languages shall need to be translated into Vietnamese. The
actual time for processing paper at the State authority would also last longer in practice when the
State authority evaluate the project plan of the investor to ensure that its investment purpose is
achievable economically and in accordance to the regulations of Vietnam. It is advised that the
client engage professional law firms in Vietnam to assist with advisory and investment registration
process.