Investors need to carry out procedures for granting investment registration certificates and business registration certificates.
The investor must have nationality (if it is an individual) or its head office address (if it is an organization) in a country that is a member of the WTO and the registered industry is not on the prohibited list.
A file includes: A written request for implementation of an investment project, a copy of the foreign investor's passport, a copy of the ID card/CCCD or the passport of the Vietnamese (if capital contribution is made with Vietnamese), documents verifying the balance in the foreign investor's bank account equal to or more than the investment amount, house/office lease contract to implement investment project, investment project proposal.
The authorized agency to issue investment certificates is the Department of Planning and Investment (For investment projects in industrial parks, export processing zones, hi-tech zones, economic zones, the authority belongs to the Management Board of Vietnam). industrial parks, export processing zones, high-tech zones and economic zones).
Depending on the investment area and investment field, the competent authority will issue the license to the investor with a term suitable to the investment project.
Foreign investors can invest in Vietnam in four forms: Establishing a new economic organization (establishing a company), contributing capital to a Vietnamese company, and investing in the form of a public-private partnership contract. (PPP), investment in the form of BCC business cooperation contract.
Clause 19, Article 3 of the Law on Investment stipulates that “foreign investor is an individual with foreign nationality or an organization established under foreign law that conducts investment and business activities in Vietnam”.
Clause 22, Article 3 of the Law on Investment stipulates that "foreign-invested economic organizations are economic organizations with foreign investors as members or shareholders".
Clause 2, Article 22 of the Law on Investment stipulates that “from the date of issuance of the Certificate of Business Registration or another document of equivalent legal validity, the economic organization established by the foreign investor is the foreign investor. implementation of investment projects according to the provisions of the Investment Registration Certificate”.
Clause 2, Article 41 of the Law on Investment stipulates that “the investor shall carry out the procedures for adjusting the Investment Registration Certificate in case the adjustment of the investment project changes the contents of the Investment Registration Certificate”.
Procedures for adjusting investment projects that have been granted investment registration certificates and are not subject to approval for adjustment of investment policies are specified in Article 47 of Decree No. 31/2021/ND-CP dated March 26 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law.
1. About the company separation procedure:
Procedures for separation of a joint-stock company are specified in Clause 3, Article 199 of the Law on Enterprises 2020. Enterprise registration documents for companies established on the basis of separation of joint-stock companies are specified in Article 23 and Clause 2, Article 25 of Decree No. 01/2021/ND-CP dated January 4, 2021 of the Government providing for business registration.
Accordingly, in case an enterprise is established or participated in the establishment by a foreign investor, the component of the application for separation of the company must have an Investment Registration Certificate.
2. Procedures for adjusting investment projects in case of division, separation, consolidation, merger or transformation of economic organizations are specified in Article 51 of Decree No. 31/2021/ND-CP dated May 26. 3 in 2021 of the Government detailing and guiding the implementation of a number of Articles of the Investment Law.
3. Investment incentives in case of division, separation, consolidation, merger or transformation of economic organizations are specified in Clause 7 Article 20 of Decree No. 31/2021/ND-CP above.
