TLK Law Firm is one of the reputable law firms in Vietnam, which has many years of experience in implementing The procedures for issuance of investment registration certificate for projects not subject to approval of investment guidelines in a fast - efficient - dedicated way on the basis of an unbeatable fee schedule.
THE PROCEDURES FOR ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE FOR PROJECTS NOT SUBJECT TO APPROVAL POLICY
1. Investment law No. 61/2020/QH14 was issued by the National Assembly on June 17, 2020;
2. Decree No. 31/2021/NĐ-CP was issued by the Government on March 26, 2021, Detailing and guiding the implementation of a number of articles of the Investment Law;
3. Circular No. 01/2021/TT-BKHĐT issued by the Ministry of Planning and Investment on March 16, 2021, providing guidance on business registration;
4. Other relevant legal guiding documents.
INSTRUCTIONS FOR PROCEDURES
Have you wanted to carry out The procedures for issuance of investment registration certificates for projects not subject to approval of investment guidelines but do not know how to start? Have you ever wondered if this type of procedure is complicated? Which documents will be included in the application of this procedure? Besides, are you in dire need of a reputable and professional legal organization to advise you?
If you are in this case, it is very correct for you to find TLK Law Firm, because we will advise, guide and provide all services related to The issuance of the Investment Registration Certificate for investment projects not subject to approval of investment policy for you through the article below.
Video. The procedures for issuance of investment registration certificates for projects are not subject to the approval of investment guidelines. Hotline: +(84) 97 211 8764
I. IMPLEMENTATION PROCEDURES, COMPOSITION OF DOCUMENTS AND HANDLING AGENCIES FOR THE PROCEDURES FOR ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE FOR PROJECTS NOT SUBJECT TO APPROVAL OF INVESTMENT GUIDELINES
1. Implementation order of the procedures for issuance of investment registration certificate for projects not subject to approval policy
Step 1: The investor declares information about the investment file at the Foreign Investment Information System via the website: fdi.gov.vn, prints the results when the declaration is successful;
Step 2: Investor submits 01 application with the results of Step 1 to the Investment Registration Authority;
Step 3: The investment registration authority shall issue the Investment Registration Certificate to the investor within 15 days from the date of receipt of a valid dossier
2. The procedures for issuance of investment registration certificate for projects not subject to approval of investment guidelines
A. Profile composition
1. An application form for implementation of the investment project, including a commitment to incur all costs and risks if the project is not approved;
2. A document concerning the legal status of the investor;
3. Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;
4. Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, proposal for investment incentives, impact and socio – economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with the law on environment protection.
If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project;
5. If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;
6. Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;
7. The business cooperation contract if the investment project is executed under a business cooperation contract;
8. Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in accordance with law (if any).
B. How to implement
Submit the application in person or by post to the competent investment registration agency.
C. Settlement agency
a. The Department of Planning and Investment where the investor implements the investment project, locates or plans to set up an executive office for the implementation of the investment project, issues, adjusts and revokes the Investment Registration Certificate to the investor. with the following investment projects:
- Investment projects implemented in 02 or more provincial-level administrative units;
- Investment projects implemented inside and outside industrial parks, export processing zones, high-tech zones and economic zones;
- Investment projects in industrial parks, export processing zones, hi-tech parks or economic zones where the management board of industrial parks, export processing zones, hi-tech zones, economic zones has not been established or is not under the under the management of the Management Board of industrial parks, export processing zones, high-tech zones and economic zones.
b. Management boards of industrial parks, export processing zones, hi-tech zones and economic zones shall grant investment registration certificates for the following investment projects:
- Investment projects on construction and business of infrastructure of industrial parks, export processing zones, high-tech zones and functional zones in economic zones;
- Investment projects implemented in industrial parks, export processing zones, high-tech zones and economic zones.
D. Performance results
Investment Registration Certificate.
3. Contents of The investment registration certificate for projects not subject to the approval of investment guidelines
An investment registration certificate, for an investment project that is not subject to the approval of investment policies, includes the following details:
a. Name of the investment project.
c. Investment project code.
d. Location and a land area of the investment project.
e. Objectives and scale of the project.
f. Capital investment in the investment project (including the investor's contributed capital and raised capital).
g. Duration of the investment project.
h. Project execution schedule, including:
i. Capital contribution and capital raising schedule;
k. Schedule of achievement of primary operational objectives of the investment project; execution schedule of each stage (if the project is divided into multiple stages);
l. Investment incentives or investment support, and bases or conditions for application thereof (if any).
m. Conditions applied to the investor executing the investment project (if any).
=> See more: Investment incentives for foreign investors in Vietnam
II. SOME IMPORTANT ISSUES RELATED TO THE PROCEDURES FOR ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE FOR PROJECTS NOT SUBJECT TO APPROVAL POLICY
Photo 1. The procedures for issuance of investment registration certificates for projects are not subject to the approval of investment guidelines. Hotline: +(84) 97 211 8764
1. Conditions for issuance of investment registration certificates for projects not subject to the approval policy
- Cases that must apply for an investment registration certificate when investing in Vietnam include:
a) Investment projects of foreign investors;
b) Investment projects of the business entities:
- Foreign investor(s) hold over 50% of its charter capital or more or the majority of the general partners are foreigners if the business entity is a partnership; or
- A business entity which are mentioned in Point of this Clause hold over 50% of its charter capital or more; or
- Foreign investor(s) and economic organization(s) with foreign investors hold more than 50% of the charter capital/ the majority of general partners are foreign individuals, for economic organizations, it is a partnership holding more than 50% of charter capital.
- 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;
- 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 land use right. points to implement investment projects
- Investment projects in accordance with the planning as prescribed in Clause 7 Article 31 of Decree No. 31/2021/ND-CP;
- Satisfy the conditions on investment rate on an area of land prescribed by the Provincial People's Committee based on the actual conditions of the locality and approved by the Standing Committee of the Provincial People's Council (if any). quantity of labor used (if any);
- Meeting market access conditions for foreign investors.
2. Registered capital for implementation of investment projects
Registered capital for implementation of investment projects, for investment projects not subject to the approval of investment guidelines, includes:
- Capital contributed by investors in cash, machinery, equipment, the value of intellectual property rights, technology, technical know-how, the value of land use rights, and other assets according to civil law, international treaties on investment;
- Capital mobilized to implement investment projects.
3. Operational duration of the investment project
- The operational duration of an investment project is specified as follows:
a) The duration of an investment project inside an economic zone shall not exceed 70 years.
b) The duration of an investment project outside an economic zone shall not exceed 50 years. The duration of a project in a disadvantaged area or extremely disadvantaged area or a project with large investment capital but with a slow rate of capital recovery may be longer but shall not exceed 70 years.
- If a project uses land allocated or leased by the State, but the transfer of land is delayed, the delay shall not be included in the project duration or execution schedule.
- Upon expiry of the duration of an investment project, if the investor wishes to keep executing the investment project and satisfies the conditions as prescribed by law, the duration of the investment project may be extended but shall not exceed the maximum prescribed in Clauses 1 and 2 of this Article, except for the following investment projects:
i) Investment projects using obsolete technology, potentially causing environmental pollution or natural-resource intensive projects;
ii) Investment projects in which the investor must transfer assets without refund to the State of Vietnam or the Vietnamese side.
=> See more: Investment conditions applicable to foreign investors investing in Vietnam
III. HOW SHOULD YOU CHOOSE THE BEST LEGAL SERVICE PROVIDED ORGANIZATION?
An organization providing quality and reputable legal services should have some criteria as follows:
First: Must be an official legal organization with a valid operating license;
Second: Having a Board of Directors must be lawyers, experienced and highly educated;
Third: Having a team of lawyers, a professional and well-trained human resource system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction, and work quality as one's own honor;
Fifth: Professional, thoughtful, flexible, and logical service delivery process to optimize work performance and maximize customer time savings;
Sixth: Reasonable and competitive service prices;
Seventh: Wide range of services in both the field of providing service packages in the same field for customers to choose the appropriate service package, as well as being able to provide comprehensive support to customers throughout the operation process. motion;
Eighth: Capable of Connecting – Promote commercial relationships for customers if customers have needs, etc.
Finding a comprehensive, professional, and reputable legal consulting organization is what any client wants. Because no one wants to take the risk of losing both financially and in time, the results are not as expected. However, finding such an organization is not easy, the number of service providers in the Vietnamese market today has a different quality.
One suggestion for you is that, although our TLK Law Firm does not dare to claim to be the best legal service provider in the market, we satisfy all of the above criteria and more. will definitely be a good choice for you.
Photo 2. The procedures for issuance of investment registration certificates for projects are not subject to the approval of investment guidelines. Hotline: +(84) 97 211 8764
IV. SOME QUESTIONS RELATED TO ISSUANCE OF INVESTMENT REGISTRATION CERTIFICATE FOR PROJECTS NOT SUBJECT TO APPROVAL OF INVESTMENT GUIDELINES
Question 1: For an investment project that is not subject to the approval of investment guidelines, what should an investor do after being granted an Investment Registration Certificate?
Answer: After being granted the Investment Registration Certificate, for an investment project that is not subject to the approval of investment guidelines, the investor needs to carry out the procedures for establishing an enterprise at the Business Registration Office - Department of Planning and Investment. Planning and Investment where the enterprise intends to locate its head office.
Question 2: What is the raised capital of the investment project?
Answer: As one of the elements constituting the total investment capital of an investment project, it is borrowed from investors, credit institutions, banks, and other sources as prescribed by law.
Question 3: What regulations must investors meet when conducting investment activities in Vietnam?
Answer: Regulations for investors/economic organizations implementing projects include:
- Investors and economic organizations implementing the project must carry out the procedures for registration for the grant of user accounts on the National Investment Information System in accordance with the law;
- Comply with and meet investment conditions in accordance with Vietnamese laws and international treaties to which Vietnam is a member. It is only allowed to operate in conditional business investment fields when the conditions are met and/or a license/certificate/practice certificate or written certification is granted in accordance with the law. current; comply with the provisions of the law on investment, the law on enterprises, the law on tax, the Certificate of investment registration and regulations on environmental protection, fire and explosion prevention, and labor safety; ensure the safety conditions for fire prevention and fighting according to the provisions of the Law on Fire Prevention and Fighting and other legal provisions related to the registered business investment activities;
- Implement the regime of reporting investment activities according to the provisions of Article 72 of the Law on Investment in 2020 and relevant guiding regulations on forms for carrying out investment procedures and reporting on investment activities in Vietnam. ; fully, promptly and accurately update relevant information into the National Investment Information System and submit it to inspection and supervision by competent state agencies in accordance with law;
- To take responsibility before the law for the location of the project, the legitimacy, accuracy and truthfulness of the contents of the investment registration dossier and investment and business activities in Vietnam.
=> See more: Can foreign investors invest in foreign currencies when investing in Vietnam?
Photo 1. The procedures for issuance of investment registration certificates for projects are not subject to the approval of investment guidelines. Hotline: +(84) 97 211 8764
Here 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 Hotline: (+84) 97 211 8764 for direct advice from a lawyer (free consultation).
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Business and Investment Department – TLK Law Firm
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