CONTENTS OF INVESTMENT REGISTRATION CERTIFICATE
QUESTION
Dear TLK Law Firm, I currently have questions and hope to hear from you as follows: I am preparing to invest in a chain of cooking oil factories. However, I do not clearly understand the content of the investment registration certificate when it meets the requirements according to the law? Looking forward to your company's answer. Thank you!
RELATED ARTICLES
1. Can foreign companies register new professions?
2. What documents are included in the application for additional occupations for foreign-invested enterprises?
3. Adding professions, increasing investment capital?
Thank you for your trust and sending questions to TLK Law Firm. Based on legal regulations and practical solutions, we would like to send you the following consulting content:
LEGAL BASIS
1. Investment Law No. 61/2020/QH14 passed by the National Assembly on June 17, 2020;
2. Decree No. 31/2021/ND-CP issued by the Government on March 26, 2021 detailing and guiding the implementation of a number of articles of the Investment Law;
3. Other legal documents providing relevant guidance.
CONSULTATION CONTENT
To legally do business in Vietnam, business organizations must meet all conditions for each field and business line. In addition, business organizations must be granted an investment registration certificate by a competent state agency. However, many organizations and individuals do not clearly understand the content of the investment registration certificate. This is a question that many customers sent to TLK Law Firm.
Therefore, through this article, we will answer your questions about "Contents of the investment registration certificate".
Photo 1. Contents of investment registration certificate_Hotline: 0972118764
I. SOME IMPORTANT LEGAL ISSUES RELATED TO THE CONTENTS OF THE INVESTMENT REGISTRATION CERTIFICATE
1. What is investment capital? What is an Investment Registration Certificate?
Pursuant to the Investment Law 2020, investment capital is money and other assets according to the provisions of civil law and international treaties to which the Socialist Republic of Vietnam is a member to carry out investment activities. Assets include objects, money, valuable papers, property rights and assets including real estate and movable assets that can be existing assets or assets formed in the future.
Investment registration certificate is a paper or electronic document recording the investor's registration information about an investment project.
2. Contents of the investment registration certificate
Pursuant to the Investment Law 2020, the investment registration certificate includes the following contents:
(1) Name of investment project;
(2) Investors;
(3) Investment project code;
(4) Location of investment project, land area used;
(5) Objectives and scale of investment projects;
(6) Investment capital of investment projects (including investors' contributed capital and mobilized capital);
(7) Operational term of the investment project;
(8) Investment project implementation progress, including:
- Progress of capital contribution and mobilization of capital sources;
- Progress in implementing the main operational objectives of the investment project. In case the investment project is divided into stages, the progress of each stage must be specified.
(9) Forms of investment incentives and support and grounds and conditions for application (if any);
(10) Conditions for investors implementing investment projects (if any).
Thus, when an enterprise meets all the conditions prescribed by law, it will be issued an investment registration certificate and a certificate including the above contents.
3. Cases of carrying out procedures for granting investment registration certificates
Pursuant to the Investment Law 2020, cases where procedures for issuance of investment registration certificates must be carried out include:
(1) Investment projects of foreign investors;
(2) Investment projects of economic organizations such as foreign investors when investing in establishing other economic organizations; Investing in capital contribution, purchasing shares, purchasing capital contributions from other economic organizations; Invest in the form of BCC contract if that economic organization falls into one of the following cases:
- Foreign investors are holding more than 50% of the charter capital or the majority of partners are foreign individuals for economic organizations that are partnerships;
- There is an economic organization specified in the Investment Law 2020 that holds more than 50% of charter capital;
- There are foreign investors and economic organizations specified in the Investment Law 2020 holding more than 50% of charter capital.
Thus, when economic organizations fall into the above cases, they must carry out procedures to apply for an investment registration certificate.
=> See more: How to add business lines for companies with foreign investments
Photo 2. Contents of investment registration certificate_Hotline: 0972118764
II. SUMMARY OF ANSWER SECTION: CONTENTS OF INVESTMENT REGISTRATION CERTIFICATE?
Dear Customers, from the above synthesis and analysis, TLK Law Firm would like to give the following answer!
Investment certificate is a mandatory legal document of economic organizations when participating in investment activities. According to the provisions of the Investment Law 2002, the investment registration certificate includes the following contents:
1. Name of investment project;
2. Investors;
3. Investment project code;
4. Location of investment project implementation, land area used;
5. Objectives and scale of investment projects;
6. Investment capital of investment projects (including investors' contributed capital and mobilized capital);
7. Operational term of the investment project;
8. Progress of investment project implementation;
9. Forms of investment incentives and support and grounds and conditions for application (if any);
10. Conditions for investors implementing investment projects (if any).
=> See more: Can foreign-invested enterprises establish representative offices in Vietnam?
III. HOW SHOULD YOU BEST CHOOSE AN ORGANIZATION THAT PROVIDES LEGAL SERVICES?
An organization providing quality and reputable legal services should have the following criteria:
First: Must be an official legal organization with a legal operating license;
Second: It is better if the Board of Directors must be lawyers, experienced and have high degrees;
Third: Have a team of lawyers and a systematic, professional, and thoroughly trained human resources system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction and work quality as your own honor;
Fifth: Professional, thoughtful, flexible and logical service provision process to optimize work performance and save customers' time;
Sixth: Reasonable and competitive service prices;
Seventh: Rich services in both fields of supply and service packages in the same field for customers to choose the appropriate service package, as well as comprehensive support for customers throughout the operation process. movement;
Eighth: Have the ability to Connect - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what every customer wants. Because no one wants to risk losing both money and time when the results are not as expected. However, finding such an organization is not easy because the number of service providers in the Vietnamese market today is very large with varying quality.
A suggestion for you: Although our TLK Law Firm does not dare to claim to be the best legal service provider on the market, we satisfy all of the above criteria and more will definitely be a good choice for you.
IV. SOME QUESTIONS RELATED TO THE CONTENTS OF THE INVESTMENT REGISTRATION CERTIFICATE
Question 1: How is the investment project code in the investment registration certificate specified?
Reply:
Pursuant to the Investment Law 2020, the investment project code in the investment registration certificate is prescribed as follows:
(1) Investment project code is a series of numbers automatically generated by the National Investment Information System and recorded in the Investment Registration Certificate. Each investment project is granted a unique code, which exists during the project's operation and expires when the project terminates operations;
(2) For investment projects implemented under an Investment Certificate, Investment License or other documents of equivalent value, the investment project code is the Investment Certificate number, License number. investment or other documents of equivalent value issued for the investment project;
(3) Competent state agencies uniformly use investment project codes to manage and exchange information about investment projects.
Thus, when a business organization meets the conditions to be granted an investment registration certificate by a state agency, it must have a project code according to the provisions of law.
Question 2: How are investment forms in Vietnam regulated?
Reply:
Pursuant to the Investment Law 2020, types of investment in Vietnam include the following forms:
(1) Investment in establishing economic organizations;
(2) Investing in capital contribution, purchasing shares, purchasing capital contributions;
(3) Implement investment projects;
(4) Investment in the form of BCC contract;
(5) New forms of investment and types of economic organizations according to Government regulations.
Thus, when participating in investment activities in Vietnam, individuals and organizations can choose the above forms according to the provisions of Vietnamese law.
Question 3: What conditions do businesses need to meet to be granted an investment registration certificate?
Reply:
Pursuant to the Investment Law 2020, to be granted an investment registration certificate, investments must meet the following conditions:
(1) Investment projects do not belong to industries or occupations banned from business investment;
(2) There is a location for implementing the investment project determined on the basis of a copy of land use rights documents or a copy of the location lease agreement or other documents or documents determining the right to use the location. to implement the project;
(3) The investment project is consistent with the planning according to regulations;
(4) Meet the conditions of investment rate per land area and number of employees (if any);
(5) Meet market access conditions for foreign investors.
Thus, when investing in investment projects that are not subject to investment policy approval according to the provisions of the Investment Law 2020, investors who need to meet the above conditions will be approved by competent state agencies. issue investment registration certificate.
=> See more: Transferring capital contributions in foreign companies?
Above is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: 0972118764 to receive direct advice from a lawyer (completely free consultation).
Thank you very much!
Administrative Procedures Department - TLK Law Firm
WORK PERFORMED BY TLK LAW FIRM
1. Advise customers on all legal issues related to social life, individuals, organizations, businesses and investors.
2. Providing to customers, representing all legal services related to social life, individuals, organizations, businesses and investors.
INCENTIVES
1. Support customers in connecting and promoting trade during operations.
2. % discount on service fee when customers use the service for the second time.
3. Free legal advice on corporate law for one year (if you are an organization or business).
4. Care and free legal advice on tax and accounting laws for businesses within one year (if you are an organization or business).
5. Provide an internal business management system (if Customer is an organization or business).
LATEST PROMOTION POLICY HERE
We are always ready to be a dedicated companion and a solid legal fulcrum for our customers.
We wish our customers good health and prosperous development!
In case you need advice or use the service, please contact us with the information below:
TLK LAW FIRM
- Tel: +(84) 243 2011 747 Hotline: 097 211 8764
- Email: info@tlklawfirm.vn Website: tlklawfirm.vn
