Investment licensing procedure

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investment licensing procedure
investment licensing procedure

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We provide advisory services and implementation procedures for all licenses investment rapid, reliable safety, ensure the law to give you the best services. Viet Luat Law guide you to prepare the application for the 2018 investment license by the main contents are as follows:

1. The procedure of obtaining investment for domestic projects

Investors do not have to register for investment projects in the country have capital below scale 15 billion VN and not on the list of investment areas with conditions.
For the application for an investment license for domestic investment projects with capital investment from 15 billion to 300 billion VN and not on the list of investment areas with conditions, Preparation of dossier:
– The legal status of the investor.
– The goal, the scale, and location of investment projects.
– Capital investment, project implementation schedule.
– Land use demand and commitment to environmental protection.

2. Licensing procedures for investment projects with foreign capital

Preparation of dossier:
– A written request for permission for execution of the investment project;
– A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).
– An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, the method of capital raising, location, and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;
– Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
– Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
– The explanation for application of technologies to the project which specifies: names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;
– The business cooperation contract (BCC) (if the project is executed under a BCC).

3. The projects in the portfolio investment condition

Explained the conditions that investors must meet and all of the foregoing documents for each specific case.

4. Order and Procedure

Investors submit the dossier to Department of Planning and Investment (or management of economic zones, high-tech zones);
Within 15 working days from the date of receipt of a complete and valid dossier, the competent authority shall grant the investment registration certificate for investors.
In practice, the time duration would be lengthened due to the time for preparation of documents from an investor, getting them notarized, legalized and authenticated before being accepted in Vietnam. The documents in foreign languages shall need to be translated into Vietnamese. The actual time for processing paper at the State authority would also last longer in practice when the State authority evaluates the project plan of the investor to ensure that its investment purpose is achievable economically and in accordance to the regulations of Vietnam.
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