PROCEDURES FOR INVESTMENT CERTIFICATE LICENSE

Jan 25, 2022

PROCEDURES FOR INVESTMENT CERTIFICATE LICENSE

I. Procedures for issuance of Investment Registration Certificate
The time limit prescribed by law is as follows:
According to Article 37 of the 2014 Investment Law, Procedures for Issuance of Investment Registration Certificate
1. With regard to an investment project subject to an investment policy decision as prescribed in Articles 30, 31 and 32 of this Law, the investment registration authority shall issue an investment registration certificate to the investor within a period of time. within 05 working days from the date of receipt of the decision on investment policy.
2. For an investment project that is not subject to an investment policy decision as prescribed in Articles 30, 31 and 32 of this Law, the investor shall carry out procedures for issuance of an Investment Registration Certificate as prescribed. The following:
a) The investor shall submit the application as prescribed in Clause 1, Article 33 of this Law to the investment registration agency;
b) Within 15 days from the day on which the complete application is received, the investment registration authority shall issue the Investment Registration Certificate; In case of refusal, the investor must be notified in writing and clearly state the reasons therefor.
However, according to reality, it will be necessary to consider the application file, but the implementation time will be different.

II. Dossier of application for investment certificate

1. Contents of application for an investment certificate for an investment project that is not subject to an investment policy decision
a. Profile composition:

- A written request for the implementation of the investment project;

– A copy of the identity card or passport for the investor being an individual; a copy of the Business Registration Certificate, for the investor being a legal entity;

- Investment project proposal, including the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule investment, labor demand, proposal for investment incentives, assessment of the project's socio-economic impacts and efficiency;
– A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution's commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;

- Proposing land use needs; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation of the project must be submitted. current investment project;

- Explanation of technology use for projects using technologies on the list of technologies restricted from transfer in accordance with the law on technology transfer, including the following contents: technology name, technology origin , technological process diagram; main technical parameters, use status of main machinery, equipment and technological lines;

– BCC contract for investment projects in the form of BCC contract.

b. Number of records: 01 set
c. Time for issuance of Investment Certificate:

The investment registration authority shall grant the Investment Registration Certificate to the investor within 15 days from the date of receipt of a valid application as prescribed in Clause 1 of this Article if the following conditions are satisfied:

- Objectives of the investment project are not in the industries or trades banned from investment and business;

– Investment projects that meet the investment conditions for foreign investors in accordance with the Law

2. Contents of application for an investment certificate for an investment project under the authority to decide on investment policies of the provincial-level People's Committee
a. Profile composition:

- A written request for the implementation of the investment project;

– A copy of the identity card or passport for the investor being an individual; a copy of the Business Registration Certificate, for the investor being a legal entity;

- Investment project proposal, including the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, and investment schedule investment, labor demand, proposal for investment incentives, assessment of the project's socio-economic impacts and efficiency;
– A copy of one of the following documents: financial statements of the last 2 years of the investor; commitment to financial support of the parent company; financial institution's commitment to financial support; guarantee on the financial capacity of the investor; documents explaining the financial capacity of the investor;

- Proposing land use needs; In case the project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the location lease agreement or other document certifying that the investor has the right to use the site for implementation of the project must be submitted. current investment project;

- Explanation of technology use for projects using technologies on the list of technologies restricted from transfer in accordance with the law on technology transfer, including the following contents: technology name, technology origin , technological process diagram; main technical parameters, use status of main machinery, equipment and technological lines;

– BCC contract for investment projects in the form of BCC contract
b. Number of records: 04 sets
c. Execution time:

– Within 25 days from the date of receipt of the valid application, the investment registration agency shall make an appraisal report and submit it to the People's Committee of the province. Within 07 working days from the date of receipt of the appraisal report, the People's Committee of the province
 

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