AUTHORITY OF STATE AGENCIES TO ISSUE INVESTMENT REGISTRATION CERTIFICATES

According to the law on investment, there are two agencies having power to issue investment registration certificates: the Department of Planning and Investment and Management boards of industrial parks, export-processing zones, hi-tech zones, and economic zones.

1. Legal basis:

- Article 38 Law on Investment 2014

- Article 28 Decree No.118/2015/NĐ-CP on guidelines for some articles of the law on investment.

2. Content:

2.1. Projects which belongs to authority of the Department of Planning and Investment to issue Investment Registration Certificates

The Department of Planning and Investment of each province shall receive applications, issue Investment Registration Certificates of:

·         Investment projects outside industrial parks, export-processing zones, hi-tech zones, and economic zones

·         Projects of investment in development of infrastructure of industrial parks, export-processing zones, hi-tech zones, and investment projects in industrial parks, export-processing zones, and hi-tech zones in areas without management boards of industrial parks, export-processing zones, and hi-tech zones.

The Department of Planning and Investment of the province in which the investor’s premises or offices are located or intended to be located shall receive applications, issue, adjust, revoke Investment Registration Certificates of:

·         Any investment project that is executed in more than one province

·         Any investment project executed both inside and outside an industrial park, export-processing zone, hi-tech zone, or economic zone.

2.2. Projects which belongs to authority of Management boards to issue Investment Registration Certificates

Management boards of industrial parks, export-processing zones, hi-tech zones, and economic zones shall receive applications, issue, adjust, revoke Investment Registration Certificates of investment projects therein, including:

·         Projects of investment in development of infrastructure of industrial parks, export-processing zones, and hi-tech zones

·         Investment projects executed within industrial parks, export-processing zones, hi-tech zones, and economic zones.

To conclude, it can be seen that authority of state agencies that can issue Investment Registration Certificates may depend on types of projects. As a result, when carrying out the registration procedures, investors should pay attention to summit to the right agencies according to law.