INVESTMENT REGISTRATION CERTIFICATE

INVESTMENT REGISTRATION CERTIFICATE

When foreign investors invest and conduct business in Vietnam, they are generally required to obtain an Investment Registration Certificate, except for certain cases where Vietnamese law does not require it. The procedure for obtaining an Investment Registration Certificate is a formal process that requires a clear understanding of the relevant legal regulations. In the article below, CELIGAL provides readers with information on the Investment Registration Certificate and CELIGAL’s related services.

What is an Investment Registration Certificate?

Pursuant to Clause 11, Article 3 of the Law on Investment 2020, an Investment Registration Certificate is defined as follows:

“11. An Investment Registration Certificate is a document in paper or electronic form that records the investor’s registered information regarding an investment project.”

Accordingly, an Investment Registration Certificate can be understood as a paper-based or electronic document that records the investor’s registered information related to an investment project.

Which Investment Projects Are Not Required to Obtain an Investment Registration Certificate?

Pursuant to Clause 2, Article 37 of the Law on Investment 2020, the cases that are not required to carry out procedures for obtaining an Investment Registration Certificate include:

“2. The following cases are not required to carry out procedures for issuance of an Investment Registration Certificate:

a) Investment projects of domestic investors;

b) Investment projects of economic organizations specified in Clause 2, Article 23 of this Law;

c) Investment in the form of capital contribution, purchase of shares, or purchase of capital contributions in economic organizations.”

Accordingly, investment projects that are not required to obtain 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 2020;
• Investment in the form of capital contribution, purchase of shares, or purchase of capital contributions in economic organizations.

CELIGAL’s Investment Consulting Services for Foreign Investors

Based on the information and needs provided by clients, CELIGAL offers comprehensive, clear, and easy-to-understand advice to help clients choose the most appropriate form of investment. Consulting services include:

(*) Consulting on foreign-invested projects

• Research, analysis, and evaluation of the market;
• Searching for suitable partners for investors;
• Providing information on projects calling for foreign investment, updated from competent state authorities of Vietnam, including detailed information on sectors and locations eligible for investment incentives and feasible projects.

(*) Consulting on investment project preparation and licensing

• Assisting investors in establishing investment activities in Vietnam;
• Advising clients on selecting the most appropriate investment structure for specific projects, whether direct or indirect;
• Representing investors in working with competent authorities to implement projects;
• Participating in negotiations with partners and drafting joint venture agreements, business cooperation contracts, and licensing application dossiers;
• Advising on and preparing application dossiers for Investment Registration Certificates, investment incentives, and establishment of FDI enterprises for foreign-invested projects;
• Advising on and providing services for the establishment of representative offices and branches of foreign traders in Vietnam.

In addition, CELIGAL also advises and supports clients in carrying out post-licensing procedures, investment adjustment procedures, extension of investment schedules, and other procedures in accordance with Vietnamese law.