I. LEGAL DOCUMENTS

– Law on Investment 2020

– Decree 31/2021/ND-CP

II. REGULATION

1. Basic concepts

– “Approval for investment guidelines” means a competent authority approving the objectives, location, scale, schedule, and duration of a project; investor or form of selection of investor and special mechanisms or special policies (if any) to execute an investment project.

– “Investment project” means a collection of proposals for the expenditure of mid-term or long-term capital to carry out investment activities in a particular administrative division over a certain period of time.

– “Investor” means an organization or individual that carries out business investment activities. Investors include domestic investors, foreign investors, and foreign-invested business organizations

– “Investment registration certificate” means a physical or electronic document bearing information registered by an investor about an investment project.

 – Investment forms as prescribed by the Law on Investment include:

1. Investment in establishment of a business organization.

2. Investment in the form of capital contribution or purchase of shares or stakes.

3. Execution of an investment project.

4. Investment in the form of a business cooperation contract.

5. New forms of investment and types of business organizations prescribed by the Government’s regulations.

– Contents recorded on the Investment Registration Certificate:

1. Name of the investment project.

2. The investor.

3. Investment project code.

4. Location and land area of the investment project.

5. Objectives and scale of the project.

6. Capital investment in the investment project (including the investor’s contributed capital and raised capital).

7. Duration of the investment project.

8. Project execution schedule, including:

a) Capital contribution and capital raising schedule;

b) Schedule of achievement of primary operational objectives of the investment project; execution schedule of each stage (if the project is divided into multiple stages);

9. Investment incentives or investment assistance, and bases or conditions for application thereof (if any).

10. Conditions applied to the investor executing the investment project (if any).

2. Legal and procedural issues:

– Cases where the investor must carry out the procedures for granting an Investment Registration Certificate:

+ Investment projects of foreign investors;

+ Investment projects of economic organizations specified in Clause 1, Article 23 of the Law on Investment:

a/ Having a foreign investor holding more than 50% of the charter capital or having the majority of general partners being foreign individuals, for economic organizations being a partnership;

b/ Having an economic organization specified at Point  above holding more than 50% of charter capital;

c/ Having foreign investors and economic organizations specified at Point a of this Clause holding more than 50% of the charter capital.

 – Cases that are not required to carry out procedures for issuance of an Investment Registration Certificate include:

+ Investment projects of domestic investors;

+ Investment projects of economic organizations specified in Clause 2, Article 23 of the Law on Investment:

Economic organizations other than those specified at Points a, b and c, Clause 1 of this Article shall comply with investment conditions and procedures as prescribed for domestic investors when investing in establishing economic organizations. other; investment in the form of capital contribution, share purchase, purchase of capital contributions of other economic organizations; investment in the form of BCC contract.

+ Investment in the form of capital contribution, purchase of shares, purchase of capital contributions of economic organizations.

– Note:

Cases not required to carry out procedures for issuance of an Investment Registration Certificate (including Investment projects of domestic investors; Investment projects of economic organizations specified in Clause 2, Article 23 of the Law on Investment). ), if the Investor wishes to issue an Investment Registration Certificate, the procedures for issuance of an Investment Registration Certificate shall be carried out in accordance with the law.

– Dossier for application of Investment Certificate for projects not subject to investment approval includes:

+ A written request for implementation of the investment project, including a commitment to bear all costs and risks if the project is not approved;

+ Documents on the investor’s legal status;

+ Documents proving the investor’s financial capacity, including at least one of the following documents: financial statements of the last 2 years of the investor; commitment to the financial support of the parent company; financial institution’s commitment to financial support; guarantee on the financial capacity of the investor; other documents proving the investor’s financial capacity;

+ An investment project proposal includes the following main contents: investor or investor selection form, investment objective, investment scale, investment capital and capital mobilization plan, location, time limit, implementation progress, information on the current status of land use at the project site and land use demand (if any), labor demand, a proposal for investment incentives, socio-economic impacts and proposed efficiency of the project, preliminary assessment of environmental impacts (if any) in accordance with the law on environmental protection.

If the construction law provides for the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal;

+ If the investment project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the paper on land use rights or other documents determining the right to use the site shall be submitted to the investor. implementation of investment projects;

+ Contents of explanations about the technology used in investment projects, for projects subject to appraisal and collection of opinions on technology in accordance with the law on technology transfer;

+ BCC contract for investment projects in the form of BCC contract;

+ Other documents related to the investment project, requirements on conditions, and capacity of the investor as prescribed by law (if any).

– Procedure time:

+ Within 15 days from the date of receipt of valid dossiers if:

1/ Not in the industries or trades banned from investment and business as prescribed in Article 6 of the Law on Investment and international treaties on investment.

2/ Having a location for implementation of an investment project determined on the basis of a valid copy of a land use right document or a valid copy of the location lease agreement or another document or document defining the use right. location for implementation of investment projects;

3/ The investment project conforms to the plannings specified in Clause 7 Article 31 of this Decree;

4/ Satisfy the conditions on investment rate on a land area prescribed by the provincial People’s Committee based on the actual conditions of the locality and approved by the Standing Provincial People’s Council (if any); the number of employees employed (if any);

5/ Satisfying market access conditions for foreign investors.

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