Question and answer section
Question 1: What is a valid copy in the application for an Investment Certificate?
Reply:
According to the provisions of Clause 1, Article 2 of Decree No. 118/2015/ND-CP dated November 12, 11 detailing and guiding the implementation of a number of articles of the Investment Law, a valid copy is the issued copy. from the original book or a copy certified from the original by a competent agency or organization or a copy that has been compared with the original or a printout from the national database in case the original information is stored stored on the national database on population, business registration and investment.
Question 2: Can I use English in my investment registration documents?
Reply:
Article 4 of Decree No. 118/2015/ND-CP dated November 12, 11 detailing and guiding the implementation of a number of articles of the Investment Law stipulates:
1. Investment registration documents, documents and reports sent to competent state agencies must be made in Vietnamese.
2. In case the investment registration dossier contains documents in a foreign language, the investor must have a valid Vietnamese translation attached to the documents in the foreign language.
3. In case papers and documents in the investment registration dossier are made in Vietnamese and foreign languages, the Vietnamese version is used to carry out investment procedures.
4. The investor is responsible in case there is a difference between the translated content or the copy and the original and in case there is a difference between the Vietnamese version and the foreign language version.
Question 3: In addition to the documents in the investment registration application specified in the Investment Law and Decree No. 118/2015/ND-CP, do I have to submit any additional documents?
Reply:
According to the provisions of Clause 2, Article 6 of Decree No. 118/2015/ND-CP, the investment registration agency is not allowed to request investors to submit additional documents other than those in the investment registration dossier according to regulations. stipulated in the Investment Law and this Decree.
Question 4: Please ask about the order of implementing investment projects?
Reply:
Depending on the nature, scale and conditions of each project, investment projects are implemented according to one or more of the following procedures:
a) Decide on investment policy and issue Investment Registration Certificate according to the provisions of the Investment Law and this Decree;
b) Establishment of economic organizations according to the provisions of Article 44 of this Decree for foreign investors investing in the form of establishing economic organizations;
c) Carry out procedures for land allocation, land re-allocation, land lease, land sub-lease, and permission to change land use purpose according to the provisions of land law (if any);
d) Carry out construction procedures according to the provisions of construction law (if any).
Question 5: Please ask about the procedure for issuing Investment Registration Certificates for investment projects that are not subject to investment policy decisions?
Reply:
Article 29 of Decree No. 118/2015/ND-CP specifically stipulates:
1. The investor submits 01 set of investment registration documents as prescribed in Clause 1, Article 33 of the Investment Law to the Investment Registration Authority.
2. For investment projects that have been put into operation, the investor submits documents according to the provisions of Clause 1 of this Article, in which the investment project proposal is replaced by a report on the implementation of the investment project from from the time of implementation to the time of applying for an Investment Registration Certificate.
3. The investment registration agency shall issue an Investment Registration Certificate to the investor within 15 days from the date of receipt of valid documents as prescribed in Clause 1 of this Article if the following conditions are met:
a) The objective of the investment project is not in an industry or profession banned from business investment;
b) The investment project meets the investment conditions for foreign investors as prescribed in Clause 1, Article 10 of this Decree (if any).
Question 6: Please ask about the deadline for issuing Investment Registration Certificates for investment projects under the authority to decide on investment policies of the Provincial People's Committee?
Reply:
– Within 25 days from the date of receipt of valid documents as prescribed in Clause 2 of this Article, the Investment Registration Authority prepares an appraisal report and submits it to the Provincial People's Committee. Within 07 working days from the date of receiving the appraisal report, the Provincial People's Committee shall consider and decide on the investment policy.
– Within 05 working days from the date of receiving the investment policy decision from the Provincial People's Committee, the Investment Registration Authority shall issue an Investment Registration Certificate to the investor.
– For investment projects allocated or leased land by the state without auction, bidding, transfer of land use rights or assets attached to land, investment projects requiring change of purpose Land use specified in Point a, Clause 1, Article 32 of the Law on Investment shall be implemented in industrial parks, export processing zones, high-tech zones, and economic zones in accordance with the planning approved by competent authorities. Investment registration to get appraisal opinions according to the provisions of Clause 3 of this Article to issue an Investment Registration Certificate to the investor within 25 days from the date of receipt of valid documents without having to submit to the Committee. Provincial people decide on investment policies.
Question 7: Our company transfers the project to another investor, so what are the procedures?
Reply:
Implement procedures for changing investors in case of transferring investment projects specified in Article 37 of Decree No. 118/2015/ND-CP
Question 8: Our company lost its Investment Registration Certificate, please guide the procedures for re-issuing it?
Reply:
In case the Investment Registration Certificate is lost or damaged, the investor shall submit a written request for re-issuance of the Investment Registration Certificate to the Investment Registration Authority. The investment registration agency shall consider re-issuing the Investment Registration Certificate within 05 working days from the date of receipt of the written request for re-issuance of the Investment Registration Certificate.
Question 9: The information on the Investment Registration Certificate is not consistent with the information in the investment registration dossier. Now we need to correct it, so what procedure should we follow?
Reply:
In case the information on the Investment Registration Certificate is inconsistent with the information in the investment registration dossier, the Investment Registration Authority will correct the information on the Investment Registration Certificate within 03 working days. from the date of receipt of the investor's proposal.
Question 10: If we need to terminate an investment project, what procedures should we follow?
Reply:
Carry out procedures for terminating the operation of investment projects and revoking the Investment Registration Certificate specifically specified in Article 41 of Decree No. 118/2015/ND-CP.
Question 11: Please ask about investment conditions for foreign investors?
Reply:
Investment conditions for foreign investors as prescribed in Clause 6, Article 2 of Decree 118/2015/ND-CP include:
a) Conditions on charter capital ownership ratio of foreign investors in economic organizations;
b) Conditions on investment form;
c) Conditions on the scope of investment activities;
d) Conditions for Vietnamese partners participating in investment activities;
d) Other conditions as prescribed in laws, ordinances, decrees and international treaties on investment.
Question 12: Please ask: Who is eligible for investment incentives?
Reply:
Subjects eligible for investment incentives as prescribed in Clause 2, Article 15 and Article 16 of the Investment Law include:
a) Investment projects in industries and occupations eligible for investment incentives or industries and occupations with special investment incentives as prescribed in Appendix I of this Decree;
b) Investment projects in areas with difficult socio-economic conditions or areas with particularly difficult socio-economic conditions as prescribed in Appendix II of this Decree;
c) Investment projects with capital of 6.000 billion VND or more, with a minimum disbursement of 6.000 billion VND within 03 years from the date of issuance of the Investment Registration Certificate or from the date of decision Investment policy for projects that do not require procedures for issuance of Investment Registration Certificate;
d) Investment projects in rural areas employing 500 or more workers (excluding part-time workers and workers with labor contracts of less than 12 months);
d) High-tech enterprises, science and technology enterprises, science and technology organizations according to the provisions of the law on high technology and the law on science and technology.
Question 13: What are the principles for applying investment incentives?
Reply:
Principles for applying investment incentives specified in Clause 2, Article 16 of Decree No. 118/2015/ND-CP are specified as follows:
a) Investment projects specified in Point c, Clause 1 of this Article are entitled to investment incentives as prescribed for investment projects in areas with extremely difficult socio-economic conditions;
b) Investment projects specified in Point d, Clause 1 of this Article are entitled to investment incentives as prescribed for investment projects in areas with difficult socio-economic conditions;
c) Investment projects in industries and occupations eligible for investment incentives implemented in areas with difficult socio-economic conditions are entitled to investment incentives as prescribed for investment projects in conditional areas. extremely difficult socio-economic conditions;
d) Investment projects that meet the conditions for different levels of investment incentives will have the highest incentive level applied;
d) Corporate income tax incentives for investment projects in industrial parks and export processing zones specified in Section 55, Appendix II of this Decree comply with the provisions of law on corporate income tax;
e) Land rental incentives based on industrial parks and export processing zones specified in Section 55, Appendix II of this Decree do not apply to investment projects in industrial parks and export processing zones in inner districts. urban areas of special type, type I urban areas directly under the central government and type I urban areas directly under the province.