PROCEDURES FOR ISSUING AN INVESTMENT CERTIFICATE
Procedures are properly applied according to the Vietnamese Law on Investment in 2005
Foreign investors investing in Vietnam for the first time must have an investment project.
1. Regarding domestic projects which have an invested capital of below VND15 billion and which are not included in the list of sectors of investment subject to conditions, the investors shall not be required to perform the procedures for investment registration.
Where an investor request for issuing an investment certificate, the investor shall carry out the following procedures for issuing investment certificate:
- Legal status of the investor
- Objective, scale, location for investment project implementation
- Investment capital, process of investment implementation
- Requirement for land use, environment protection commitment
- Proposal for investment incentives (if any).
Within a time-limit of 15 days from the date of receipt of the complete and valid file, the investor shall be granted a Certificate of Investment.
2. With respect to domestic projects which have an invested capital of above VND15 billion to below VND300 billion and which are not included in the list of sectors of investment subject to conditions and not included in the list of subjects approved by the Prime Minister, the investors shall perform the procedures for investment registration. The procedure is mentioned clearly as part 1 above.
Within atime-limit of 15 days from the date of receipt of the complete and valid file, the investor shall be granted a Certificate of Investment.
Procedures for registration of investment in respect of foreign invested project:
3. In terms of foreign invested projects which have an invested capital of below VND300 billion and which are not included in the list of sectors of investment subject to conditions: the investors shall carry out the procedures for investment registration.
Project file for investment registration is as follows:
- Investment registration form
- Report on Investors’ financial liability (the investors prepare and are self-responsible for their financial ability report).
- Business registration file corresponding to each form of an enterprise (in case the project going with the establishment of an econimic organization) including:
+ Draft charter of the company;
+ List of members/founding shareholders;;
+ Legal status of members/founding shareholders;
+ Copy of practicing certificate (for line of business for which practicing certificate is required by law);
+ Document for certifying legal capital for line of business for which legal capital is required by law.
+ A joint venture contract for the establishment of a joint venture company between domestic and foreign investors.
4. With respect to investment projects which have an invested capital of above VND300 billion and which are not included in the list of sectors of investment subject to conditions: the investors shall perform the procedures for evaluation of investment.
Project document shall be made up of 4 copies, at least one (1) copy shall be an original, including:
- A letter requesting for issuing a Certificate of Investment (as per format of form available);
- Business registration file corresponding to each form of an enterprise (in case the project going with the establishment of an econimic organization) as presented in Part 3 above;
- Economic-technical explanatory statement (feasibility study).
The time-limit for evaluation of investment shall not exceed thirty (30) days from of receipt of the complete and valid file. In necessary cases, the time-limit can be extended but not exceed of forty-five (45) days, the investor shall be granted a Certificate of investment.
5. With respect to investment projects which have an invested capital of below VND300 billion and which are included in the list of sectors of investment subject to conditions: the investors shall perform the procedures for evaluation of investment.
- Business registration file corresponding to each form of an enterprise (in case the project going with the establishment of an econimic organization) as presented in Part 4 above;
- Explanatory statement of conditions which the investment project must satisfy.
6. Regarding investment projects which have an invested capital of above VND300 billion and which are included in the list of sectors of investment subject to conditions: the investors shall perform the procedures for evaluation of investment.
The time-limit for evaluation of investment shall not exceed thirty (30) days from of receipt of the complete and valid file. In necessary cases, the time-limit can be extended but not beyond forty-five (45) days, the investor shall be granted a Certificate of investment.
7. Registration file for Construction License, which is applied for all kinds of work:
The file shall contain the following documents:
- Request for issuance of a Construction License
- Legal copy of legal certification on Land use’s right (1 set).
- Legal copy of Extraction of Technological file of the land area (1 set).
- Design doccuments as stipulated on relevant law (3 sets).
For construction facilities of Enterprises:
a) Legal copy of Business Registration Certification (1 set);
b) Legal copy of Plan Certification (if any) (1 set).
For construction facilities that have risks of burning or exploding such as: storage houses, producing manufactories, petrol and fuel stations, markets, retaurants, hotels, schools, hospitals,… : an evaluation document made by Flameproof body on safe flameproof and flame treatment shall be attached (1 set).
8. Procedure for work completion:
Once there is requirement to confirm on work completion, the Investors shall hand in these documents:
- Request for confirmation on work completion;
- Construction License and approved design documents;
- Work completion drawings with confirmation of the Investors, Executing agency, Supervising agency (in case the construction does not follow the issued license).
9. Procedure for issuing Work owning’s right Certification:
- Request for issuing Work owning’s right Certification;
- Legal copy of Construction Certification (if any);
- Legal copy of Investment Certification or Business Registration Certification;
- Drawings of construction diagram;
- Receipts on financial duties as regulated on Law ;
- Pay fee as regulated on relevant regulations (once the Investors receive Work owning’s right Certification).
10. Land handover, land lease:
The file shall contain the following documents (02 sets) :
- Request for Land handover or land lease;
- Agreement on location or agreement on construction of authorized body;
- Decision on investing the project or legal copy of Investment Certificate;
- Documents made by Department of Resource and Environment on obeying Law on Land of requested units of formers projects which had been handed over or leased land.
11. Evaluation on Report on Environmetal Impact Assessment:
The file shall contain the following documents
- Request on evaluation and appovement on Report on Environmetal Impact Assessment of the project (on the stipulated form);
- Report on Environmetal Impact Assessment of the project (07 sets);
- Investment project.
For further information regarding procedure and incentive policies of Ben Tre province, please contact us at
Investment Promotion and Support Center of
Ben Tre province (IPC Ben Tre)
Address: 28 Le Dai Hanh Street, Ward 3, Ben Tre City, Ben Tre province
Tel : (84-75) 3817358, 3825340
Fax : (84-75) 3825340
Email : ipcbentre@vnn.vn or bentreipc@yahoo.com
Website : www.dpi-bentre.gov.vn