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Investment registration

Consultancy on setting up an investment project, on activities related to investment project after the project is established, on project implementation [...]

 

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Transfer/Assignment of investment project

01. Conditions for application

1. An investment project can be assigned if
- It has been issued an Investment Registration Certificate
- It is subject to policy decision by Prime Minister, Province-level People's Committee, except for one where the investor has completed capital contribution and raising of capital and commissioned the project,
2. Conditions for investment project assignment
(a) It is not one of the cases in which the operation [of the investment project] is terminated in accordance with Investment Law;
(b) Satisfaction of investment conditions applicable to foreign investors in the case of the foreign investor to whom the investment project in the industries or trades in which investment is conditional in respect of foreign investors is assigned;
(c) Compliance with the conditions prescribed in the law on land or the law on real estate business in the case of the assignment of a project attached to the assignment of land use rights;
(d) Conditions prescribed in the Investment Registration Certificate or in accordance with other relevant laws

02. Applicable laws

1. Investment Law 2014
2. Decree No. 118/2015/NĐ-CP
3. Circular No. 16/2015/TT-BKHĐT

03. Procedure

  • Requisite documents for application
  1. A written application for amendment of the investment project;
  2. A report on implementation status of the investment project up to the date of its transfer;
  3. The contract for transfer of the investment project or other document of equivalent legal validity;
  4. A copy of the people’s identity card, ID card or passport in the case of an investor being an individual, or copy of the enterprise registration certificate or other document of equivalent legal validity in the case of an investor being an organization of the investor receiving the transfer;
  5. A copy of the IRC or written investment policy decision (if any);
  6. A copy of the BCC contract in the case of investment projects on the basis of a BCC contract;
  7. A copy of one of the following documents of the investor receiving the transfer of the investment project: financial statements for the last two years of the investor; undertaking of the parent company to provide financial support; undertaking of a financial institution(s) to provide financial support; guarantee for the financial capability of the investor; or a document proving the financial capability of the investor.
  • For projects subject to investment policy decision of People’s Committee

Step 1: Prepare 01 original set and 03 copy ones of the mentioned-above documents

Step 2: The investment licensing agency shall, within 03 working days from the date of receipt of valid file, forward it to relevant state agencies to ask for their opinions about the assignment of the investment project

Step 3: The relevant state agencies mentioned above, within a time-limit of 10 working days from the date of receipt of the request of the Investment licensing agency, provide their opinions on the conditions for the transfer of investment project within the scope of their managerial authority

Step 4: The Investment licensing agency shall, within a time-limit of 20 days from the date of receipt of the valid file, prepare a report on satisfaction of the conditions for transfer of the project and submit same to the provincial people’s committee;
Step 5: The provincial people’s committee shall, within 05 working days from the date of receipt of the report from the investment licensing agency, consider and make a decision amending the investment policy
Step 6: The Investment licensing agency shall, within 03 working days from the date of receipt of the written decision amending the investment policy, amend the Investment Registration Certificate for the investor receiving the transfer of the investment project.

  • For projects subject to investment policy decision of Prime Minister

Step 1: Prepare 01 original set and 07 copy ones of the mentioned-above documents

Step 2: The investment licensing agency shall, within 03 working days from the date of receipt of valid file, forward it to relevant state agencies to ask for their opinions about the assignment of the investment project
Step 3: The relevant state agencies mentioned above, within a time-limit of 10 working days from the date of receipt of the request of the Investment licensing agency, provide their opinions on the conditions for the transfer of investment project within the scope of their managerial authority;
Step 4: The Investment licensing agency shall, within a time-limit of 25 days from the date of receipt of the valid file, make a submission to the provincial people’s committee to consider and in turn provide its opinion (if any)
Step 5: The Ministry of Planning and Investment shall, within a time-limit of 10 working days from the date of receipt of the opinion from the provincial people’s committee, prepare an evaluation report on the conditions for transfer of the investment project
Step 6: The Prime Minister of the Government shall, within 07 working days from the date of receipt of the evaluation report from the Ministry of Planning and Investment, consider and make a decision amending the investment policy. The written decision amending the investment policy shall be sent to the Ministry of Planning and Investment, the provincial people’s committee and the Investment licensing agency
Step 7: The Investment licensing agency shall, within 05 working days from the date of receipt of the written decision amending the investment policy, amend the Investment Registration Certificate for the investor receiving the transfer of the investment project

  • For projects not subject to investment policy decision and projects subject to investment decision policy but the investor has completed capital contribution and raising of capital and commissioned the project

Step 1: Prepare a set of the mentioned-above documents

Step 2: The investment licensing agency shall give opinions about the file and grant an amended Investment Registration Certificate

04. Processing Time 10 - 60 days

05. Service fee USD 3000

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