Investment certification procedures under Investment Law

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Investors have to prepare these following dossiers to register an investment project in Vietnam:

1.    Files for investment registration

a) The files include:

– Proposal for investment registration (as stipulated form);

– Report on financial capacity of investors (the investor will make and be responsible for this report);

– With respect to the investment projects associated with the establishment of economic organization, in addition to the files regulated in item 1 of this Article, the investor must attach the files for enterprise registration corresponding to each type of business in accordance with law on enterprise and relevant law;

– Business cooperation contract to cases of investment under the form of business cooperation contract; Joint venture contract to investment form of establishing joint venture economic organization between domestic and foreign investors.

b) The number of files: 02 sets.

2.    Files for granting Investment Certificate

2.1.   In the case of registration for granting investment certificate

a) The files include:

– Investment registration form (as stipulated form);

– Document about legal status of the investor: Legal copy of identity card/passport/ or other legal individual certification paper; or establishment decision/ enterprise registration certificate/ or other equivalent documents of the organizations; and the letter of authorization attached with the copy of identity card/passport/ or other legal individual certification paper of authorized representatives;

– Report on the financial capacity of the investor (the investor will make and be responsible for this report);

– In case that the investment project is associated with the establishment of business organization, the investor should attach the files for enterprise registration corresponding to each type of business in accordance with the stipulations of law on enterprise and other related laws;

– Business cooperation contract (with investment form following business co-operation contract); Joint venture contract for investment form of establishing joint venture economic organization between domestic and foreign investors.

b) The number of files: 7 sets.

2.2.   In case of the project with capital below 300 VND billion and belonging to field of conditional investment

a) The files include:

– Proposal for granting of investment certificate (as stipulated form);

– Document about the legal status of the investor (organization investor will submit the copy of establishment decision or enterprise registration certificate or other equivalent materials; individual investor will submit the copy of passport or identity card);

– Report on financial capacity of the investor (the investor will make and be responsible for this report);

– In case of the investment project which is associated with the establishment of economic organization, the investor must attach the file for enterprise registration corresponding to each type of business in accordance with the stipulations of law on enterprise and related laws;

– Joint venture contract for investment form of establishing joint venture economic organization between domestic and foreign investors;

– Explanatory statement of the conditions which the investment project must satisfy in accordance with the stipulations of law for projects of conditional investment fields regulated in Article 29 of Law on Investment and Appendix C of the Decree 108/2006/ NĐ-CP.

b) The number of files: 8 sets.

2.3.   In case of the project with capital over 300 VND billion and not belonging to conditional investment sectors

a) The file includes:

– Files as stated in point (a) of the files 2.2 (files for granting investment certificate of the project with capital below 300 VND billion and belonging to conditional investment field);

– Eco-technical explanatory statement including main contents: Objectives, scale, location of investment, investment capital, project implementation schedule; land-use demand, solutions on technology and environment);

b) The number of files: 08 sets

2.4.   In case of the project with the capital over 300VND billion and belonging to conditional investment fields 

a) The files include:

– Files as stated in point (a) of the file 2.2 ( files for granting investment certificate for the project with capital below 300 VND billion and belonging to conditional investment fields);

– Explanatory statement of conditions which the investment projects must satisfy when participating in the market stipulated for the project with investment fields regulated in article 29 of Law on Investment and Appendix C of the Decree 108/2006/NĐ-CP.

b) The number of files: 08 sets.