PROCEDURES FOR ISSUANCE OF CERTIFICATE OF INVESTMENT REGISTRATION OVER PROJECTS WHICH ARE NOT SUBJECT TO ISSUANCE OF A DECISION ON  INVESTMENT

PROCEDURES FOR ISSUANCE OF CERTIFICATE OF INVESTMENT REGISTRATION OVER PROJECTS WHICH ARE NOT SUBJECT TO ISSUANCE OF A DECISION ON INVESTMENT

1. Legal basis:
Article 37.2 of Law on Investment 2014
Article 29 of Decree No.118/2015/NĐ-CP

2. Projects which are not subject to issuance of a decision on investment policies
Projects not subject to investment decisions are those that do not belong to the decision of
the National Assembly, the Prime Minister and the provincial People's Committees as
stipulated in Articles 30, 31 and 32 of Investment law. In addition, projects that must be
registered for investment are projects of economic organizations with foreign investors
holding 51% or more of their charter capital or having a majority of partnerships being
individuals. Foreign economic organizations are partnerships with economic organizations
holding 51% or more of their charter capital, with foreign investors and economic
organizations holding 51% or more of the charter capital. implementation of investment
projects. In addition, domestic investors may also carry out procedures to issue investment
registration certificates upon request.


3. Procedures:
S1: Investors shall summit 01 document to the registry office. Investors may directly submit
or authorize others to submit dossiers and receive administrative procedure settlement
results. In the case of authorization, the authorized person must carry out a citizen
identification card, ID card, passport or other legal personal identification documents. In
addition, it must be accompanied by the supplying service contract between the investor and
the service provider to submit the application, receive the result and the referral letter of that
organization for the individual to file or document to submit dossiers and receive results
according to law provisions.

S2: The registry office will receive and check the records to review the validity, completeness
and inspection of the dossier components. If the application is not complete, experts in
registry office will receive instructions explaining to the investor to supplement and complete
dossiers.
S3: Within 15 days from the receipt of sufficient documents, the registry office shall issue the
Certificate of investment registration.


4. Components of dossiers:
Dossier of issuance investment includes documents as following:
- A written request for permission for execution of the investment project
- A copy of the ID card or passport (if the investor is an individual); a copy of the
Certificate of establishment or an equivalent paper that certifies the legal status of the
investor (if the investor is an organization).
- An investment proposal that specifies: investor(s) in the project, investment
objectives, investment scale, investment capital, method of capital rising, location and
duration of investment, labor demand, requests for investment incentives,
assessment of socio-economic effects of the project.
- Copies of any of the following documents: financial statements of the last two years
of the investor; commitment of the parent company to provide financial support;
commitment of a financial institutions to provide financial support; guarantee for
investor’s financial capacity; description of investor’s financial capacity.
- Demand for land use; if the project does not use land allocated, leased out by the
State, or is not permitted by the State to change land purposes, then a copy of the
lease agreement or other documents certifying that the investor has the right to use
the premises to execute the project shall be submitted.
- Explanation for application of technologies to the project.

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