Procedures for Issuance of the Investment Registration Certificate Under the Law

1. Which cases must undergo the procedure for issuance of an Investment Registration Certificate?

Pursuant to Article 37 of the Law on Investment 2020 (as amended and supplemented by Law No. 57/2024/QH15, effective from 1 January 2025), the cases subject to the procedure for issuance of an Investment Registration Certificate are prescribed as follows:

– Cases subject to the procedure for issuance of an Investment Registration Certificate include:

+ Investment projects of foreign investors;

+ Investment projects of the economic organizations prescribed in Clause 1, Article 23 of this Law.

– Cases not subject to the procedure for issuance of an Investment Registration Certificate include:

+ Investment projects of domestic investors;

+ Investment projects of the economic organizations prescribed in Clause 2, Article 23 of this Law;

+ Investment in the form of capital contribution, share purchase, or purchase of contributed capital portions of economic organizations.

– For investment projects prescribed in Articles 30, 31, and 32 of this Law, domestic investors and the economic organizations prescribed in Clause 2, Article 23 of this Law shall implement the investment project after obtaining investment policy approval.

– Where an investor wishes to be issued an Investment Registration Certificate for an investment project prescribed at Points a and b, Clause 2 of this Article, the investor shall carry out the procedure for issuance of an Investment Registration Certificate prescribed in Article 38 of this Law.

Accordingly, an investment project of a domestic investor is not subject to the procedure for issuance of an Investment Registration Certificate. However, where a domestic investor wishes to be issued an Investment Registration Certificate, the investor shall carry out the procedure for issuance of an Investment Registration Certificate prescribed in Article 38 of this Law.

2. How is the procedure for issuance of an Investment Registration Certificate prescribed?

Pursuant to Article 38 of the Law on Investment 2020 (as amended and supplemented by Law No. 57/2024/QH15, effective from 1 January 2025), the procedure for issuance of an Investment Registration Certificate is prescribed as follows:

– The investment registration authority shall issue the Investment Registration Certificate for investment projects subject to investment policy approval prescribed in Articles 30, 31, and 32 of this Law within the following time limits:

+ 05 working days from the date of receipt of the written investment policy approval concurrently approving the investor, for investment projects subject to issuance of an Investment Registration Certificate;

+ 15 days from the date of receipt of the investor’s request for issuance of an Investment Registration Certificate, for investment projects not falling under Point a of this Clause.

– For investment projects not subject to investment policy approval prescribed in Articles 30, 31, and 32 of this Law, the investor shall be issued an Investment Registration Certificate if the following conditions are satisfied:

+ The investment project is not in a prohibited business line;

+ There is a location for project implementation;

+ The investment project is consistent with the planning prescribed at Point a, Clause 3, Article 33 of this Law;

+ The conditions on investment rate per land area and the number of employees used (if any) are satisfied;

+ The market access conditions for foreign investors are satisfied.

– The Government shall detail the conditions, dossiers, order, and procedures for issuance of the Investment Registration Certificate.

3. Which authority is competent to issue the Investment Registration Certificate?

Pursuant to Article 39 of the Law on Investment 2020 (as amended and supplemented by Law No. 57/2024/QH15, effective from 1 January 2025), the authority competent to issue the Investment Registration Certificate is prescribed as follows:

– The Management Board of industrial parks, export processing zones, high-tech parks, and economic zones shall issue, amend, and revoke Investment Registration Certificates for investment projects within industrial parks, export processing zones, high-tech parks, and economic zones, except for the cases prescribed in Clause 3 of this Article.

– The Department of Finance shall issue, amend, and revoke Investment Registration Certificates for investment projects outside industrial parks, export processing zones, high-tech parks, and economic zones, except for the cases prescribed in Clause 3 of this Article.

– The investment registration authority of the locality where the investor implements the investment project, locates or plans to locate its executive office for project implementation, shall issue, amend, and revoke Investment Registration Certificates for the following investment projects:

+ Investment projects implemented in 02 or more provincial-level administrative units;

+ Investment projects implemented both inside and outside industrial parks, export processing zones, high-tech parks, and economic zones;

+ Investment projects in industrial parks, export processing zones, high-tech parks, and economic zones where no Management Board of industrial parks, export processing zones, high-tech parks, or economic zones has been established, or which do not fall within the management scope of such Management Board.

– The authority receiving the investment project dossier is the authority competent to issue the Investment Registration Certificate, except for the cases prescribed in Articles 34 and 35 of this Law.

Notes on applying the current laws

This article belongs to the General Knowledge group and is presented for reference, helping readers understand the legal issue at a general level before preparing dossiers or carrying out transactions.

Laws and regulations may change depending on the time, locality, type of dossier, and specific circumstances. Where the precise applicable legal basis for your dossier needs to be determined, you should contact ANT Legal’s lawyers at 0966.475.966 for verification and advice before proceeding.

Common risks to note

• Applying legal instruments that have been amended, supplemented, or replaced.
• Preparing incomplete dossiers, documents, or evidence.
• Misunderstanding the conditions, procedures, time limits, or competent authorities.
• Signing, filing, or transacting without fully assessing legal risks.

How can ANT Legal help?

ANT Legal assists with reviewing specific situations, checking dossiers, determining the applicable legal basis, advising on solutions, and representing clients before individuals, organizations, or competent authorities where necessary.

For quick advice, you may contact our lawyers at 0966.475.966.

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