Investment registration certificates

Investment activities are part of investment activities in Vietnam and offshore investment activities. In this article, NPLaw mainly explains investment activities in Vietnam as follows:

Definition

An investment registration certificate means a written or electronic document recording the investor's registration information on investment projects, a set of proposals for medium or long-term capital use to conduct business investment activities in specific localities, for a specified period of time.

Investors are allowed to operate based on the contents of the Investment Registration Certificate including: objectives, location, scale, progress and duration of project implementation; investors or forms of investor selection and special mechanisms and policies (if any) for the implementation of investment projects approved by competent state agencies.

Contents of the investment registration certificate

Generally, the contents of the investment registration certificate include the following contents: 

Name of the investment project

  1. Investors
  2. Investment project number
  3. Location of the investment project, area of land used
  4. Objectives and scale of investment projects
  5. Investment capital of investment projects (including contributed capital of investors and mobilized capital)
  6. Duration of operation of the investment project
  7. Forms of investment incentives and supports and applicable grounds and conditions (if any)
  8. Conditions for investors implementing investment projects (if any)
  9. Progress of investment projects, including:
  • Progress of capital contribution and mobilization of capital sources;
  • The progress of implementation of the main operational objectives of the investment project, in case the investment project is divided into stages, the progress of each phase must be specified.

Duration of operation of investment projects

The duration of operation of an investment project in an economic zone does not exceed 70 years.

The duration of operation of an investment project outside an economic zone does not exceed 50 years. Investment projects implemented in areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions or investment projects with large investment capital but with late capital recovery, the operation duration of investment projects may be longer but must not exceed 70 years.

Subjects and cases where procedures for issuance of investment registration certificates are required

Subjects granted investment registration certificates are organizations and individuals registered for investment in the following forms: Investment in the establishment of economic organizations; Investment in capital contribution, purchase of shares, purchase of contributed capital; Implementation of investment projects; Investment in the form of BCC contracts;....

However, not all cases must apply for an Investment Registration Certificate, but depend on the subject and form of investment as follows:

Cases in which investment registration certificates must be issued must be carried out, including:

- Investment projects of foreign investors

- Investment projects of investment economic organizations establishing other economic organizations; investment in capital contribution, purchase of shares, purchase of contributed capital by other economic organizations; investment in the form of BCC contracts in one of the following cases: 

  • Having foreign investors holding more than 50% of charter capital or having a majority of general partners being foreign individuals, for economic organizations being partnerships;
  • Having an economic organization specified at Point a of this Clause holding more than 50% of charter capital;
  • Having foreign investors and economic organizations specified at Point a of this Clause holding more than 50% of charter capital.

Cases in which investment registration certificates must be issued must be carried out, including:

- Investment projects of domestic investors

- Investment projects of investment economic organizations establishing other economic organizations; investment in capital contribution, purchase of shares, purchase of contributed capital by other economic organizations; investment in the form of BCC contracts does not belong to the above cases.

Conclusions

Through the above contents, the Investment Registration Certificate can be considered as a type of license for investors to be allowed to carry out projects. Contents on the license to carry out business and investment activities in accordance with the provisions of law.  Customers need to understand the regulations related to investment procedures and forms, steps to implement as well as prepare investment documents and documents.

In order to better understand the regulations related to the above Investment Registration Certificate, customers can contact us – NPLaw Law Firm, we have full expertise and expertise to consult, carry out procedures for issuance of Investment Registration Certificate so that customers have adequate preparation, saving time, effort, and costs in addition to costs in addition and time in carrying out procedures for issuance of investment registration certificates.