Authorized Agency

Department of Planning and Investment

Resolved time and procedure

Total time (working days) shall not exceed 10 working days for the projects subjecting to non-appraisal for issuance of Investment Certificate or 15 working days for the projects subjecting to appraisal for issuance of Investment Certificate. Details are as follows:

a) IPA shall receive application dossiers of DDI and FDI projects, check their validity in compliance with the law (if Investors submit the application for seal registration and  tax registration at the same time with submit the application for investment certificates, IPA shall receive all of these application dossiers) and later transfer them to the Industrial Zones Management Board for settlement within 01 working day.

b) Department of Planning and Investment shall receive, check related documents, consult the Departments relating to investment projects (if any) and later send reports and draft of investment certificates to the Procinvial People’s Commitee Office for approval within 07 working days for the projects subjecting to non-appraisal for issuance of Investment Certificate or 12 working days for the projects subjecting to appraisal for issuance of Investment Certificate.

If any project is required to consult Ministries and central governed agencies, its summary must be approved by Prime Minister before issuance of  certificate investment. Within 02 working days from the date of receipt of valid application dossiers, the Department of Planning and Investment shall shall send a request for consultation to related Ministries and authorities; later then, it shall contact and work with them aiming at soon obtaining results.

The related Departments, authorities and units are obliged to contribute their consultation and give their conclusion to the  Department of Planning and Investment within 05 days as from the date of receipt of the request for consultation of Department of Planning and Investment.

The Department of Planning and Investment is in charge of settling application dossiers for seal registration and  tax registration under one stop service regime at its office and transfer results to IPA for returning seal specimen certificate, tax certificate and investment certificate to the Investors .

c) The Provincial People's Committee Office shall receive the transferred application files, review the settlement process of application files, propose leadership of the Provincial People's Committee to sign Investment Certificate and later send it and the results to IPA to give to the Investor within 01 working day.

d) IPA shall give result to the Investors within 01 working day. For large-scale projects and important or significant projects on investment attraction in the province, the Industrial Zone Management Board shall preside and coordinate with IPA to hold an investment certificate granting ceremony.

Elements

1. Register/Request for issuance of investment certificate (In the standard form no. I-3 attached in Decision No.1088/2006/QD-BKH dated 19 October 2006 of Ministry of Planning and Investment);

2. Financial capacity report (prepared by and under self-responsibility of investor);

3. Joint venture contract (applicable to the investment in form of establishment of joint venture company between local and foreign investors in accordance with Article 53, 54 of Decree No. 108/2006/ND-CP dated 22 September 2006).

4. Written Approval of the State authorities with respect to the use of State capital for investment or joint venture with other economic sectors in accordance with the law.

5. Business Register Profile:

-   Draft of Company Charter;

-   List of members of limited liability company with two or more members (in the standard form specified in Appendix No. I-6 of Circular No. 01/2013/TT-BKH dated 21 Jannuary 2013).

-   List of founding shareholders of joint stock company (in the standard form specified in Appendix No. I-7 of Circular No. 01/2013/TT-BKH dated 21 Jannuary 2013).

-   List of authorized representative of limited liability company with one member (in the standard form specified in Appendix No. I-9 of Circular No. 01/2013/TT-BKH dated 21 Jannuary 2013).

-   Documents certifying the legal status of the investor(s):

+  For an individual investor(s): Valid copy of identity card, passport or other lawful personal identification as prescribed in Article 24 of Decree No. 43/2010/ND-CP dated 15 April 2010;

+  For organization investor(s): Valid copy of the decision on establishment, business registration certificate, enterprise registration certificate or other equivalent document (notarized by compentent authorities in where the investor is registered and within three months before the date of submission of the application); copy of charter or other equivalent document; and/or power of attorney from the owner and valid copy of identity card, passport or other lawful personal identification of the authorized representative of the owner as prescribed in Article 24 of Decree No. 43/2010/ND-CP dated 15 April 2010.

6. Other documents:

-   Written certification of legal capital, issued by a competent agency or organization, for enterprises conducting business lines for which legal capital is required by law;

-   Valid copy of practicing certificates of one or several persons in the enterprises conducting business lines for which practicing certificates are required by law (foreign practicing certificate is unacceptable in Vietnam, unless otherwise stipulated in sectoral laws or international treatment of which Vietnam is member ).

Quantities of Application: 1set of original.