FAQs on Investment Frequently asked questions about investment and helpful answers Question 1: What are the steps for new issuance of an investment registration certificate and what are the required application documents? Answer: Investors shall submit an application for an Investment Registration Certificate as stipulated in
Frequently asked questions about investment and helpful answers
Question 1: What are the steps for new issuance of an Investment Registration Certificate and what documents are required?
Answer: Investors shall submit an application for an Investment Registration Certificate as stipulated in Clause 1, Article 33 of the Law on Investment to the Department of Finance (In case of online submission via the National Investment Information System: Investors shall register an account on the National Investment Information System; declare information, upload digitally signed electronic documents on the National Investment Information System; complete the application on the National Investment Information System (as notified by the Department of Finance)).
The application dossier includes:
– A written request for the implementation of the investment project, including a commitment to bear all costs and risks if the project is not approved;
– Documents on the legal status of the investor;
– Documents proving the financial capacity of the investor, including at least one of the following: financial statements for the last 02 years of the investor; financial support commitment from the parent company; financial support commitment from a financial institution; guarantee of the investor's financial capacity; other documents proving the investor's financial capacity;
– An investment project proposal including the following main contents: investor or form of investor selection, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, implementation schedule, information on the current land use status at the project implementation site and proposed land use needs (if any), labor needs, proposed investment incentives, socio-economic impacts and efficiency of the project, preliminary environmental impact assessment (if any) as stipulated by environmental protection laws.
In cases where construction laws require a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of an investment project proposal;
– In cases where the investment project does not request the State to allocate land, lease land, or permit conversion of land use purpose, a copy of the land use right certificate or other documents identifying the right to use the location for project implementation shall be submitted;
– Explanation of the technology used in the investment project for projects subject to appraisal and consultation on technology as stipulated by technology transfer laws;
– BCC contract for investment projects in the form of a BCC contract;
– Other documents related to the investment project, requirements on conditions, and investor capacity as stipulated by law (if any).
Question 2: Which agency issues investment certificates and notices of capital contribution/share purchase for enterprises located in Industrial Parks and Economic Zones?
Answer: Pursuant to Clause 2, Article 39 of the Law on Investment 2020, enterprises located in Industrial Parks and Economic Zones shall be issued investment certificates by the Hai Phong Economic Zone Authority (HEZA).
Question 3: What are the conditions for foreign investors to contribute capital, purchase shares, or purchase capital contributions?
Answer: Pursuant to Article 24 of the Law on Investment, foreign investors contributing capital, purchasing shares, or purchasing capital contributions of economic organizations must meet the following regulations and conditions:
– Market access conditions for foreign investors as stipulated in Article 9 of the Law on Investment;
– Ensuring national defense and security as stipulated by this Law;
– Regulations of land law on conditions for receiving land use rights, conditions for land use in islands, communes, wards, border towns, coastal communes, wards, towns.
Question 4: How to submit an online investment registration application?
Answer: In case of online submission via the National Investment Information System: Investors shall register an account on the National Investment Information System; declare information, upload digitally signed electronic documents on the National Investment Information System; complete the application on the National Investment Information System (as notified by the Department of Finance).
Question 5: A 100% foreign-owned single-member limited liability company previously borrowed a loan from its owner. The procedure was completed, and the company has received this loan. Currently, the enterprise wants to convert that loan into an additional capital contribution to the company. How should this procedure be carried out?
Answer: The investor shall carry out the procedure for adjusting the investment registration certificate, specifically adjusting to increase the capital contribution for project implementation. The investor shall submit the application dossier as stipulated in Clause 1, Article 44 of Decree No. 31/2021/ND-CP. The processing time is 10 working days from the date of receipt of a complete and valid dossier.
Question 6: A company with 100% Vietnamese capital now wishes to transfer 100% of its capital contribution to a foreign investor. What procedures are required?
Answer: The company needs to carry out the procedure for capital contribution, share purchase, or capital contribution purchase for foreign investors falling under the cases stipulated in Clause 2, Article 26 of the Law on Investment, by submitting 01 set of application documents for capital contribution, share purchase, or capital contribution purchase to the Department of Finance where the economic organization is headquartered.
Question 7: The company has been issued an investment registration certificate. Now the company wishes to carry out dissolution procedures (termination of project operations). What documents need to be prepared?
Answer: The investor shall send a decision on the termination of the investment project's operation (in case of self-termination) or a notice and return the Investment Registration Certificate (in case of termination of the investment project's operation according to the conditions stipulated in the contract, enterprise charter) to the Department of Finance. The application dossier includes: A written notice of termination of the investment project's operation; Investment Registration Certificate (if any); Documents recording the termination of the investment project's operation.
Question 8: The company has lost its investment registration certificate. Please guide us on the procedure for re-issuance of the investment registration certificate.
Answer: The enterprise shall carry out the procedure for re-issuance of the investment registration certificate. Specifically, the enterprise needs to prepare a written request for re-issuance of the Investment Registration Certificate according to Form A.I.17 issued with Circular No. 03/2021/TT-BKHĐT and submit it to the Department of Finance (the processing time is 5 working days after receiving a valid dossier).
Question 9: Some information on the investment registration certificate issued to a foreign investor is incorrect compared to the application dossier. What procedures should the investor follow to correct this information?
Answer: The investor shall carry out the procedure for rectifying the Investment Registration Certificate. The dossier to be prepared is a written request for rectification of information on the Investment Registration Certificate according to Form A.I.18 issued with Circular No. 03/2021/TT-BKHĐT.
Question 10: What are the regulations on reporting for investment projects after they are licensed and operational?
Answer: Investors and economic organizations implementing investment projects shall submit online reports through the National Investment Information System as stipulated in Article 72 of the Law on Investment, Article 102 of Decree No. 31/2021/ND-CP, and Article 100 of Decree No. 29/2021//ND-CP.
Question 11: What are the steps and required documents for the transfer of an investment project?
Answer: The application dossier for transfer of an investment project includes:
a) Written request for adjustment of the investment project;
b) Report on the implementation status of the investment project up to the time of transfer;
c) Contract or master contract for the transfer of part or all of the investment project;
d) Copy of documents on the legal status of the transferor and transferee investors;
đ) Copy of Investment Registration Certificate; Decision on approval of investment policy; Decision on approval of investor (if any);
e) Copy of BCC contract (for investment projects in the form of BCC contract);
g) Copy of one of the following documents of the investor receiving the transfer of the investment project: financial statements for the last 02 years or audited report on the investor's equity, financial support commitment from the parent company, financial support commitment from a financial institution, guarantee of the investor's financial capacity, documents explaining the investor's financial capacity.
Question 12: The operating period of the investor's project is about to expire, and the investor wishes to extend the project implementation period. What documents and procedures are required?
Answer: – Step 1: The investor submits the application dossier as stipulated in Point a, Clause 2, Article 55 of Decree No. 31/2021/ND-CP to the Department of Finance.
– Step 2: The Department of Finance sends the dossier to the land management agency and relevant agencies for their opinions on meeting the conditions stipulated in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Step 3: The consulted agency provides its opinion on meeting the conditions stipulated in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Step 4: The Department of Finance reviews the conditions for extending the operating period of the investment project stipulated in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of Decree No. 31/2021/ND-CP to prepare an appraisal report for submission to the Provincial People's Committee.
– Step 5: The Provincial People's Committee decides to extend the operating period of the investment project.
b) Method of implementation:
– Directly at the headquarters of the administrative agency.
– Via public postal service.
c) Components of the dossier:
– Written request for extension of the operating period of the investment project;
– Decision on approval of investment policy;
– Investment Registration Certificate;
– Decision on approval of investor or equivalent legal documents;
– Land use right certificate or equivalent legal documents;
– Documents proving the financial capacity of the investor, including one of the following: financial statements for the last 02 years of the investor; financial support commitment from the parent company; financial support commitment from a financial institution; guarantee of the investor's financial capacity; other documents proving the investor's financial capacity.
d) Number of dossiers: 04 sets of dossiers.
đ) Processing time:
– Within 03 working days from the date of receipt of a valid dossier, the Department of Finance sends the dossier to the land management agency and relevant agencies for their opinions on meeting the conditions stipulated in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Within 10 days from the date of receipt of a valid dossier, the consulted agency provides its opinion on meeting the conditions stipulated in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of Decree No. 31/2021/ND-CP;
– Within 15 days from the date of receipt of a valid dossier, the Department of Finance reviews the conditions for extending the operating period of the investment project stipulated in Clause 4, Article 44 of the Law on Investment and Clause 4, Article 27 of Decree No. 31/2021/ND-CP to prepare an appraisal report for submission to the Provincial People's Committee.
– Within 03 working days from the date of receipt of the Department of Finance's report, the Provincial People's Committee decides to extend the operating period of the investment project.
e) Implementing agency:
– The Department of Finance receives the dossier and submits it to the Provincial People's Committee.
– The Provincial People's Committee decides to extend the operating period of the investment project.
k) Names of application forms, declaration forms:
Written request for extension of the operating period of the investment project according to Form A.I.14 issued with Circular No. 03/2021/TT-BKHĐT.
l) Requirements and conditions for carrying out the procedure:
– The investment project falls under the authority of the Provincial People's Committee to approve the investment policy.
– The extension of the operating period of the investment project must meet the following conditions:
+ Conforming to national, regional, provincial, urban, and special administrative-economic unit planning (if any); conforming to urban development objectives and orientations, housing development programs and plans (for housing and urban area construction investment projects);
+ Meeting the conditions for land allocation and land lease as stipulated by land law (for cases requesting extension of land use).
+ Not falling under the cases stipulated in Points a, b, Clause 4, Article 44 of the Law on Investment, including:
Investment projects using outdated technology, posing potential risks of environmental pollution, and resource-intensive: a) Projects using technological lines that, when operating, do not meet the provisions of National Technical Regulations on safety, energy saving, environmental protection; or the capacity (calculated by the number of products generated by the technological line in a unit of time) or efficiency of the technological line remaining below 85% compared to the designed capacity or efficiency; or the consumption of raw materials, materials, and energy exceeding 15% compared to the design.
Projects using machinery and equipment for production with HS codes belonging to Chapters 84 and 85 of the List of Vietnamese Export and Import Goods that are more than 10 years old or that, when operating, do not meet the provisions of National Technical Regulations on safety, energy saving, environmental protection. In cases where there are no National Technical Regulations on safety, energy saving, environmental protection related to the project's machinery and equipment, technical indicators according to Vietnamese National Standards or National Standards of one of the G7 countries, South Korea on safety, energy saving, environmental protection shall apply.
Investment projects where the investor must transfer assets without compensation to the State of Vietnam or the Vietnamese party.
m) Legal basis for administrative procedures:
– Law on Investment No. 61/2020/QH14 dated June 17, 2020;
– Decree No. 31/2021/ND-CP dated March 26, 2021;
– Circular No. 03/2021/TT-BKHĐT dated April 09, 2021.
Question 13: What are the penalties for late reporting in investment activities in Vietnam?
Answer: Pursuant to Article 10 of Decree No. 50/2016/ND-CP on violations related to investment monitoring and evaluation reports:
1. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
a) Preparing investment monitoring and evaluation reports not on time;
b) Preparing incomplete investment monitoring and evaluation reports.
2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Failing to prepare investment monitoring and evaluation reports and submit them to competent state agencies;
b) Preparing dishonest investment monitoring and evaluation reports.
Question 14: What are the violations of investment activity regulations in Vietnam?
Answer: Pursuant to Article 13 of Decree No. 50/2016/ND-CP.
Question 15: A foreign investor wishes to extend the project implementation period, but the investor submitted the application to the investment registration agency after the project implementation period expired. Will we be considered for project extension?
Answer: Pursuant to Article 48 of the Law on Investment 2020, which regulates the termination of investment project operations, investment projects shall be terminated in the following cases: The investor decides to terminate the investment project's operation; According to the termination conditions stipulated in the contract, enterprise charter; The operating period of the investment project expires. Thus, when the project's operating period expires, the project must carry out termination procedures as stipulated. To ensure stable company operations, before the project's operating period expires, the enterprise must submit an application to the competent authority to extend the investment project's operating period to be allowed to continue business.
Question 16: A foreign investor wishes to extend the implementation period of a manufacturing project, but the project has been operating for 20 years, and all machinery and equipment are old. Are we eligible for an extension, and if not, what conditions need to be met or improved?
Answer: Pursuant to Clause 10, Article 27 of Decree No. 31/2021/ND-CP, investment projects using outdated technology, posing potential
risks of environmental pollution, and resource-intensive shall not be adjusted or have their operating period extended as stipulated in Point a, Clause 4, Article 44 of the Law on Investment, including: a) Projects using technological lines that, when operating, do not meet the provisions of National Technical Regulations on safety, energy saving, environmental protection; or the capacity (calculated by the number of products generated by the technological line in a unit of time) or efficiency of the technological line remaining below 85% compared to the designed capacity or efficiency; or the consumption of raw materials, materials, and energy exceeding 15% compared to the design.
Thus, regarding the conditions for production technology, the project shall only be extended if the technological line operates in compliance with the National Technical Regulations on safety, energy saving, and environmental protection; or the capacity or efficiency of the technological line remains above 85% compared to the designed capacity or efficiency; or the consumption of raw materials, materials, and energy does not exceed 15% compared to the design.
Question 17: Our company has one foreign organizational shareholder, and a change is expected in September, specifically that shareholder will transfer all capital to another foreign shareholder. May I ask the agency, in that case, does our company have to carry out the procedure for registering for approval of capital contribution/share purchase? (the foreign capital ratio does not increase, the business lines do not change compared to before, and no land use right certificates are held in Vietnam)?
Answer: In cases where a foreign investor transfers a capital contribution to another foreign investor and this does not increase the ownership ratio of foreign investors in the Company as stipulated in Points a, b, Clause 2, Article 26 of the Law on Investment 2020; and the Company does not simultaneously own land use right certificates in islands and border communes, wards, towns; coastal communes, wards, towns; or other areas affecting national defense and security, then it is not required to carry out the procedure for registering capital contribution, share purchase, or capital contribution purchase in an economic organization.
Question 18: The head office address of my project's investor has changed. Do I need to carry out the procedure to change the investor's address on the issued investment certificate? If so, which application form should I use and how should I carry out the procedure?
Answer: Pursuant to Clause 2, Article 47 of Decree No. 31/2021/ND-CP dated March 26, 2021, of the Government detailing and guiding the implementation of a number of articles of the Law on Investment:
"In cases where the adjustment of an investment project does not fall under the contents stipulated in Clause 1 of this Article, the investor shall submit 01 set of documents stipulated in Clause 1, Article 44 of this Decree to the Investment Registration Agency. Within 10 days from the date of receipt of a valid dossier, the Investment Registration Agency shall adjust the Investment Registration Certificate for the investor."
Clause 1, Article 44 of Decree No. 31/2021/ND-CP stipulates that the adjustment dossier includes:
"a) Written request for adjustment of the investment project;
b) Report on the implementation status of the investment project up to the time of adjustment;
c) Decision of the investor on the adjustment of the investment project for an organizational investor;
d) Explanation or provision of documents related to the adjustment of the contents stipulated in Points b, c, d, đ, e, g, and h, Clause 1, Article 33 of the Law on Investment (if any)."
– Investors may refer to the forms in Circular No. 03/2021/TT-BKHĐT dated January 20, 2021, of the Ministry of Planning and Investment, which stipulates forms of documents and reports related to investment activities in Vietnam, investment from Vietnam abroad, and investment promotion.
Question 19: Currently, the investment project is owned by a Japanese party. Recently, the Japanese parent company changed its head office address. Does the investor need to change the address on the business registration certificate and the investment certificate of the investment project in Vietnam? If so, what documents need to be prepared?
Answer: Pursuant to Clause 2, Article 47 of Decree No. 31/2021/ND-CP dated March 26, 2021, of the Government detailing and guiding the implementation of a number of articles of the Law on Investment:
"In cases where the adjustment of an investment project does not fall under the contents stipulated in Clause 1 of this Article, the investor shall submit 01 set of documents stipulated in Clause 1, Article 44 of this Decree to the Investment Registration Agency. Within 10 days from the date of receipt of a valid dossier, the Investment Registration Agency shall adjust the Investment Registration Certificate for the investor."
Clause 1, Article 44 of Decree No. 31/2021/ND-CP stipulates that the adjustment dossier includes:
"a) Written request for adjustment of the investment project;
b) Report on the implementation status of the investment project up to the time of adjustment;
c) Decision of the investor on the adjustment of the investment project for an organizational investor;
d) Explanation or provision of documents related to the adjustment of the contents stipulated in Points b, c, d, đ, e, g, and h, Clause 1, Article 33 of the Law on Investment (if any)."
Question 20: The investor currently needs to adjust to increase the total investment capital and contributed capital for project implementation while maintaining the investment project's scale and other contents. So, what documents and procedures does the investor need to prepare and follow?
Answer: The investor shall submit an application for adjustment of the Investment Registration Certificate as stipulated in Article 44 of Decree No. 31/2021/ND-CP. However, the investor also needs to clearly explain the reason for increasing the total investment capital without changing the investment project's scale.
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RULES: - Strings like @@T0@@, @@T1@@ are PLACEHOLDERS for HTML tags. Copy them exactly, DO NOT translate, DO NOT change the numbers inside, DO NOT add new codes. You may change the POSITION of placeholders according to the natural word order of the target language, as long as each code appears exactly once. - If the content ends with a block starting with @@PROC@@: each subsequent line is in the format @@P0@@<text>. PLEASE TRANSLATE the <text> part, keep the @@P0@@ code at the beginning of the line, keep the number of lines and the order of lines, do not merge lines, do not add or remove lines, keep the @@PROC@@ line as well. - The style should be administrative, formal, and use correct financial and state budget terminology. - Retain figures, proper nouns, document numbers, document names, or personal names. - Return the translated text/HTML directly, WITHOUT any introductory sentences and WITHOUT wrapping it in a Markdown code block (like ```html). Source content: Các tổ công tác hỗ trợ đầu tư Để thể hiện cam kết với nhà đầu tư, lãnh đạo thành phố đã quyết định thành lập: I. Tổ công tác hỗ trợ doanh nghiệp trong đầu tư và kinh doanh tại thành phố Hải Phòng. Nhóm công tác này có trách nhiệm: Tiếp nhận và giải quyết tất cả các câu hỏi/đề xuất của các doanh nghi Working Groups for Investment Support To demonstrate its commitment to investors, the city leadership has decided to establish: I. Working Group for Enterprise Support in Investment and Business in Hai Phong City. This working group is responsible for: Receiving and resolving all questions/proposals from enterprises.
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