Procedures for issuance of Investment Registration Certificate according to legal regulations

1. In what cases must procedures for issuance of Investment Registration Certificates be carried out?

According to Article 37 of the Law on Investment 2020, the cases in which procedures for issuance of Investment Registration Certificates must be carried out are specified as follows:

– Cases in which procedures for issuance of Investment Registration Certificates must be carried out include:

+ Investment projects investment of foreign investors;

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

– Cases that do not have to carry out procedures for issuance of Investment Registration Certificate include:

+ Investment projects of domestic investors;

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

+ Investment in the form of capital contribution, share purchase, purchase of capital contributions of economic organizations.

– For investment projects specified in Articles 30, 31 and 32 of this Law, domestic investors and economic organizations specified in Clause 2, Article 23 of this Law shall implement implement an investment project after being approved for investment policy.

– In case an investor needs to issue an Investment Registration Certificate for an investment project specified in Points a and b, Clause 2 of this Article, the investor shall carry out the procedures for granting an Investment Registration Certificate specified in Article 38 of this Law.

Thus, the investment project of a domestic investor is not subject to In cases where procedures for issuance of Investment Registration Certificate must be carried out. However, in case a domestic investor needs to issue an Investment Registration Certificate, the investor shall carry out the procedures for granting an Investment Registration Certificate specified in Article 38 of this Law.

2. How are the procedures for granting Investment Registration Certificates regulated?

According to Article 38 of the Law on Investment 2020, the procedures for granting Investment Registration Certificates are prescribed as follows:

– The Investment Registration Authority issues Investment Registration Certificates for investment projects subject to investment policy approval specified in Articles 30, 31 and 32 of this Law within the following period:

+ 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 the issuance of an Investment Registration Certificate;

+ 15 days from the date of receiving the investor’s request for an Investment Registration Certificate for investment projects not falling into the cases specified in Point a, Clause This.

– For investment projects that are not subject to investment policy approval specified in Articles 30, 31 and 32 of this Law, the investor will be granted an Investment Registration Certificate if the following conditions are met:

+ The investment project is not in an industry or profession banned from business investment;

+ Has a location to carry out the project investment project;

+ Investment project in accordance with the planning specified in Point a, Clause 3, Article 33 of this Law;

+ Meets the conditions of investment rate per land area, number of labor employed (if any);

+ Meets market access conditions for foreign investors outside.

– The Government regulates in detail the conditions, documents, order and procedures for granting Investment Registration Certificates.

3. Which agency has the authority to issue the Investment Registration Certificate?

According to Article 39 of the Law on Investment 2020, the agency competent to issue the Investment Registration Certificate is prescribed as follows:

– The Management Board of industrial parks, export processing zones, high-tech zones, and economic zones issues, adjusts, and revokes Investment Registration Certificates for investment projects in the zone industrial zones, export processing zones, high-tech zones, economic zones, except for the cases specified in Clause 3 of this Article.

– Department of Planning and Investment issues, adjusts and revokes Investment Registration Certificates for investment projects outside industrial zones, export processing zones, high-tech zones, economic zones, except for the cases specified in Clause 3 of this Article.

– Local investment registration agency investing in implementing investment projects, placing or planning to locate executive offices to implement investment projects, granting, adjusting and revoking Investment Registration Certificates for the following investment projects:

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

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

+ Investment projects in industrial parks, export processing zones, high-tech zones, economic zones where the Management Board of industrial parks, export processing zones, high-tech zones, economic zones has not been established or is not under the management of the Management Board of industrial parks, export processing zones, high-tech zones, economic zones.

– The agency receiving investment project documents is the agency competent to issue the Certificate. receive investment registration, except for the cases specified in Article 34 and Article 35 of this Law.