Procedures for investing in Vietnam? Vietnam is a beautiful country with friendly people and very promising development potential, attracting the attention of investors from all over the world. Vietnam is known as one of the promising destinations in the investment field, not only having a good geographical and strategic position, but also a friendly business environment and sustainable development potential. We are prepared .
Investment procedures in Vietnam are gradually becoming more flexible and convenient than before. The government is working to increase transparency and reduce regulatory barriers, creating favorable conditions for domestic and foreign investors to access potential investment areas .
From legal regulations and business establishment procedures to tax and land incentives, the process of investing in Vietnam is becoming increasingly simple and attractive. In addition, a well-developed transportation infrastructure and a diverse and high-quality workforce are also important factors that attract investors .
In this article, let’s learn together about the procedures for investing in Vietnam, from company establishment to business registration and investment incentives. By presenting and updating in detail the latest information on Vietnam’s business environment, we hope to give you and your friends an overview of the country’s attractive investment opportunities and development potential .
Begin your journey of discovery regarding investment procedures in Vietnam, where opportunities await and success is not far away !
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
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Gmail: luatquocbao.vn@gmail.com
Mục lục
What is an investment certificate?
An investment certificate or investment registration certificate is a document or electronic document that records the registration information of an investor regarding an investment project to carry out business and investment activities in a specific territory within a specified period of time .
Applying for an investment certificate is a mandatory procedure before a foreign individual or organization can establish a foreign-invested company in Vietnam.
Investment certificate conditions
To obtain an investment certificate, a foreign investor must meet the following conditions :
Must have nationality (individual) or head office address (organization) in Vietnam and a WTO member country.
The business fields registered for investment do not belong to the industries whose operations are prohibited. That is, it must be included in the WTO schedule of commitments. Procedures for investing in Vietnam 2023?
The process of foreign investment in Vietnam in the form of establishing an economic entity
the current Investment Law 2020 , foreign investors wishing to invest in Vietnam will take the following investment forms: (1) Investment in the establishment of economic organizations. (2) Investment, acquisition of stock, acquisition of investment. (3) Implementation of investment projects. (4) Investments in the form of BCC contracts. (5) New investment forms and economic entities subject to government regulations .
– Legal basis : + Investment Law No. 61/2020/QH14 of June 17 , 2020 . + Official Letter No. 8909/BKHD0T-PC dated December 31 , 2020 regarding the implementation of the Investment Law . –Contents : Regarding the investment form for establishing an economic entity , investors mainly carry out the following three steps :
Stage 1 : Execution of investment policy approval application procedures At this stage ,
Determine the type of project that requires an investment policy application. If a project is subject to an investment policy, the investment policy application procedure will be carried out according to the approval authority of the National Assembly, the Prime Minister, and the provincial People’s Committee based on the type and scale of the project. Specifically :
Projects that fall within the power of parliament to approve investment policies :
(1) Investment projects that have a significant impact on the environment or are likely to have a serious impact on the environment, such as the following :
a) Nuclear power plant .
b) Where the investment project requires changing the land use purpose of special purpose forest, water source protection forest or border protection forest of 50 hectares or more. More than 500 hectares of wind and sand protection forest, as well as wave and marine protection forest. More than 1,000 hectares of production forest .
(2) Investment projects that require a change in land use purpose for the cultivation of rice of 02 or more varieties on a scale of 500 hectares or more .
(3) Investment projects that require the relocation of 20,000 or more people in mountainous areas and 50,000 or more people in other areas .
(4) Investment projects that require the application of special mechanisms or policies must be approved by the National Assembly .
1. Projects that fall under the Prime Minister’s authority to approve investment policies :
(1) Regardless of the funding source, an investment project falls under one of the following cases :
a) Investment projects that require the relocation or resettlement of more than 10,000 people in mountainous areas and more than 20,000 people in other areas .
b) New construction investment projects : airports, airfields. runway of an airport or airfield. International airport passenger terminal. An airport or airfield cargo terminal with a transport capacity of 1 million tons or more per year .
c) New investment projects for air passenger transport business .
d) New construction investment projects : wharves, port areas belonging to special seaports. Wharves and port areas belonging to first class seaports with investment capital of VND 2.3 trillion or more .
dd) Oil and gas processing investment projects .
e) Investment projects related to gambling and casino operations, excluding award-winning electronic gaming operations for foreigners .
g) Investment projects related to the construction of housing (sale, rental, rental purchase) and urban areas in the following cases: Investment projects with a land use size of 50 hectares or more or less than 50 hectares and a population of 15,000 people or more in urban areas . Investment projects with a land use size of 100 hectares or more or less than 100 hectares and a non-urban population of 10,000 or more people. Investment projects shall be carried out regardless of land area or population within the protection scope of relics recognized as national relics or special national relics by the competent authorities .
h) Investment projects related to infrastructure construction and operations in industrial parks and export processing zones .
(2) Investment projects of foreign investors in the field of telecommunications services, including network infrastructure, afforestation, publishing and reporting .
(3) An investment project is simultaneously authorized by two or more provincial-level People’s Committees to approve investment policies .
(4) Other investment projects for which the Prime Minister has the authority to approve investment policies or investment decisions pursuant to law .
2. Projects under the jurisdiction of the provincial People’s Committee, which approves investment policies :
(1) Investment projects that require the state to allocate or lease land without auctioning, bidding, or transferring land; investment projects that require permission to change the purpose of land use; However, this does not apply to land allocation, land lease, or permission to change the purpose of land use for households or individuals, which does not require written approval from the provincial People’s Committee under the Land Law .
(2) Investment projects related to the construction of housing (sale, rental, lease-purchase) and urban areas in the following cases: Investment projects with a land use size of less than 50 hectares and a population size of less than 15,000 people in urban areas . Investment projects with a land use size of less than 100 hectares and a population of less than 10,000 people in non-urban areas . Investment projects regardless of land area or population in restricted development areas of special urban areas or historic central cities (as defined in urban planning projects) .
(3) Investment projects related to the construction and business of golf courses (golf) .
(4) Investment projects of foreign investors and foreign investment economic organizations implemented in islands and border communes, districts, townships. Coastal communes, wards and towns. Other areas affecting national defense and security. For investment projects (1) , (2) , (4) implemented in industrial parks, export processing zones, high-tech parks, economic zones according to plans approved by the competent authorities, The district management committee shall approve the investment policy .
* A document requesting the meeting to approve the investment policy of the investment project, as the investor’s proposal includes :
(1) A written request for the implementation of an investment project, including a commitment to bear all costs and risks if the project is not approved .
(2) documentation of the investor’s legal status ;
(3) Documents evidencing an investor’s financial ability include at least one of the following documents: Investor’s financial statements for the past two years. Parent company commitment to financial support. Financial institutions’ commitment to financial support. Leadership in Investor Financial Capability. Other documents proving the investor’s financial ability .
(4) An investment project proposal contains the following main contents: investor or investor selection form, investment objective, investment size, investment funds and capital mobilization plan, location, deadline, implementation progress. information on the current and proposed land use needs (if any) of the project site, labor requirements for the investment, economic and social impacts of the project, impacts from the project, and environmental protection laws. Influences (if any) from the project based field. If the Construction Law provides for the preparation of a pre-feasibility study report, the investor may submit the pre-feasibility study report instead of the investment project proposal .
(5) If the investment project does not require permission from the State to allocate or lease land or change the purpose of land use, a paper on land use rights or determining the right to use the premises for the implementation of the investment project; Copies of other documents .
(6) Contents of solutions regarding technology related to investment projects subject to evaluation of utilized technology and opinion gathering based on the Technology Transfer Act
(7) BCC contract for investment projects using the BCC contract method .
(8) Other documents related to the investment project, requirements regarding the investor’s conditions and capabilities as provided by law, if any.
Stage 2:
Implementation of procedures for issuance of investment registration certificate – Cases in which procedures for issuance of investment registration certificate are required are as follows :
a) Investment projects of foreign investors .
b) Investment projects of the following economic organizations :
+ In the case of an economic organization that is a partnership, foreign investors owning 50% or more of the charter capital or the majority of the general partners are foreigners .
+ Economic organizations specified in point a of this article hold 50% or more of the charter capital .
+ Foreign investors and economic organizations specified in point a of this article hold at least 50% of the charter capital ;
* Authority to issue investment registration certificates
(1) Management committees of industrial parks, export processing zones, high-tech parks and economic zones shall grant, adjust and cancel investment registration certificates for investment projects in industrial parks, export processing zones, high-tech zones and economic zones. shall be .
(2) The Planning and Investment Department shall issue, adjust and cancel investment registration certificates for investment projects outside industrial parks, export processing zones, high-tech zones and economic zones .
(3) The investment registration agency where the investor implements the investment project and establishes or plans to establish the secretariat for the implementation of the investment project shall issue, adjust and cancel investment registration certificates for the following investment projects :
- a) Investment projects implemented by two or more provincial-level administrative units .
- b) Investment projects carried out within and outside industrial parks, export processing zones, high-tech zones and economic zones .
- c) Industrial parks and exports that do not have a management committee for industrial parks, export processing zones, high-tech zones, and economic zones, or are not under the control of management committees for industrial parks, export processing zones, high-tech zones, and economic zones; Investment projects in processing zones, high-tech zones and economic zones .
The application file for an investment registration certificate is similar to the documents described above in the section on applying for an investment policy .
Certificate issuance procedures for foreign investors
Within the scope of this article, Anpha would like to provide a procedure for granting investment registration certificates for investment projects that are not subject to investment policy decisions .
Applying for an investment certificate
The investment certificate application includes the following documents :
A written request to implement an investment project .
office rental agreements for implementing investment projects .
Copy of Vietnamese ID card /CCCD/ passport ( in case of joint investment with Vietnamese );
A document certifying a foreign investor’s bank account balance that exceeds the investment amount. If the account is located abroad, the documents must be legalized at a consulate, translated into Vietnamese and notarized .
The investment project proposal shall include information on the investor implementing the project, investment objectives, investment size, investment funds and capital mobilization plan, location, duration, investment schedule, labor demand, proposed investment incentives, project impact assessment, and socio-economic efficiency. It includes contents such as .
If you are a foreign investor who is an individual, you will need to add :
A copy of the foreign investor’s passport .
If the foreign investor is an organization, you must add the following :
A copy of the foreign organization’s business registration certificate ;
the ID card /CCCD/ passport of the investment representative of the foreign investment institution in Vietnam ;
audited by a foreign organization within the last two years ( must be legalized by a consulate and valid within 90 days )
Notes :
Documents and reports sent to competent state agencies must be written in Vietnamese .
If the investment certificate application file contains foreign language documents, the foreign language documents must be accompanied by a valid Vietnamese translation for legalization at the consulate .
order of execution
Submission of documents : Investors submit documents directly to the Investment Registration Office of the Department of Planning and Investment, where the company’s head office is located .
Processing time : 15 business days from the date of application submission .
Result received : If the application is valid, the Investment Registration Authority will issue an investment certificate to the investor. If the document is invalid, the Investment Registration Authority shall issue a notice directing the investor to supplement or amend the resubmitted document .
Stage 3: Execute the procedure for granting the business registration certificate
–This procedure is carried out at the Companies Registry Office .
– Planning and Investment Authority of the state in which the Company is headquartered .
*A company registration certificate application file includes the following :
(1) Application form for company registration .
(2) Articles of incorporation of the company
(3) Member list
(4) List of representatives
(5) If the investor is an individual, a copy of the individual’s legal documents;
(6) If the investor is an organization Decision to establish Business registration certificate, document appointing a representative of the invested capital .
The above are the shares of our company related to the process of foreign investors’ investment in Vietnam in the form of establishment of an economic entity .
Procedures for investing in Vietnam
Frequently asked questions regarding the investment certificate process
Question 1. What are the forms of foreign investment in Vietnam ?
Foreign investors can invest in Vietnam in four ways : establishing a new economic entity (company establishment), investing in a Vietnamese company, investing in the form of a public-private partnership ( PPP ) contract, and investing in the form of a BCC business cooperation contract. You can .
Question 2. What are the conditions for granting an investment certificate to a foreign investor ?
Investors must have nationality (in the case of an individual) or head office address (in the case of an organization) of a WTO Member State, and the registered investment industry must not be on the prohibited list .
Question 3. What is the application file for investment certificate for foreigners ?
Relevant documents include: written request for the implementation of the investment project, a copy of the foreign investor’s passport, a copy of the Vietnamese identity card / CCCD or passport (if the capital contribution is shared with the Vietnamese) ), written proof of bank account balance in excess of the investment amount of the foreign investor, residential / office rental contract for implementing the investment project, project proposal .
Question 4. What do foreign investors need to do to invest in Vietnam ?
Investors must complete the procedures for issuance of an investment registration certificate and business registration certificate .
Question 5. Where can I apply for an investment certificate ?
Investors submit their documents directly to the Planning and Investment Department where the investment project will be implemented or where their headquarters will be located .
License/investment certificate/services of law firm Quoc Bao establishment
Quoc Bao Law Firm provides support for company establishment in Vietnam as well as investment license and certificate application services. Based on our rich experience and understanding of Vietnamese laws and business procedures, we are committed to providing our customers with professional and reliable support .
Our services include :
- Applying for an investment license : We will help you complete the necessary procedures and documents to apply for an investment license with the authorities .
- Applying for an investment certificate : We will help you with the procedures and documentation required to apply for an investment certificate for your project .
- Company establishment: We provide consistent services from consultation on company form to registration procedures and company establishment .
- Legal and commercial advice : We provide comprehensive legal and commercial advice on doing business and investing in Vietnam and help you understand current regulations and laws .
We are committed to ensuring the quality and accuracy of each service we provide. Together with our team of experienced and dedicated professionals, we would like to provide you with the best support in the process of investing and establishing a company in Vietnam .
If you are interested or would like more information, please contact us at the following phone number or email: Please contact us at the address .
–Telephone number : 0763.387.788
–Email : luatquocbao.vn@gmail.com
Thank you very much. I would like to support you in the near future .
Do you need advice or support on what you are looking for ? For help setting up a business in Vietnam, investing, applying for temporary residence cards and visas, entry permits and work permits, please contact Vietnam Contact Luật Quốc Bảo .
Please contact hotline /zalo : 0763387788 .
Address : 528 Le Van Sy , District 14 , District 3 , Ho Chi Minh City
Facebook fan page : https://www.facebook.com/luatquocbao
Gmail: luatquocbao.vn@gmail.com
