Step 1: Determine the type of project that requires an investment policy decision

In case projects are subject to a policy decision, depending on the type of project and the scale of the project, the investors must register with the respective agencies which are the National Assembly, the Prime Minister, and the provincial People's Committees.

- Investment projects subject to investment policy approval of the National Assembly:

• Investment projects that greatly affect the environment or potentially seriously affect the environment, including: nuclear power plants; investment projects requiring change of the use purpose of special-use forests, watershed protection forests or border protection forests of at least 50 hectares; protection forests for wind and sand shielding, and protection forests for wave and sea encroachment of at least 500 hectares; production forests of 1,000 ha or more;

• An investment project requiring change of land use purpose of rice cultivation from 02 crops or more with an area of ​​500 ha or more;

• An investment project requiring resettlement of 20,000 people or more in mountainous areas, 50,000 people or more in other areas;

• An investment project requiring a special mechanism or policy to be decided by the National Assembly.

- Investment projects subject to investment policy approval of the Prime Minister:

• Investment projects regardless of capital sources: investment projects requiring relocation of 10,000 or more people in mountainous areas, 20,000 people or more in other regions; new construction investment projects: air ports, airports, ports, harbors under special seaports; new investment project in passenger transportation by air; oil and gas processing investment projects; investment project with betting business, casino...

• Investment projects of foreign investors in the field of telecommunications service business with network infrastructure, afforestation, publishing, journalism;

• Investment projects at the same time subject to investment policy approval of 02 or more provincial People's Committees;

• Other investment projects subject to investment policy approval or investment decision of the Prime Minister in accordance with law.

- Investment projects subject to investment policy approval of the provincial People's Committee:

• Investment projects that request the State to allocate or lease land without auction, bidding or transfer, investment projects that request permission to change the land use purpose;

• Housing investment projects (for sale, lease, or rent-to-own), urban areas in the following cases: investment projects with a land use scale of less than 50 hectares and a population of less than 15,000 people in urban areas; investment projects with a land use scale of less than 100 hectares and a population of less than 10,000 people in non-urban areas; investment projects irrespective of the size of the land area, the population in the restricted area or the historic inner city (determined in the urban planning scheme) of the special rank urban area;

• Golf course construction and business investment project (golf);

• Investment projects of foreign investors, foreign-invested economic organizations implemented in islands, communes, wards, border towns, coastal areas and other areas affecting national defense and security.

Step 2: Apply for an Investment Registration Certificate

- Composition profile:

• Proposal for investment project implementation;

• Documentation of investor’s legal status;

• Documents proving the financial capacity of the investor;

• Investment project proposal;

• Copy of land use right documents or other documents identifying the site use right to implement investment project;

• Content explaining technology used in investment projects;

• Other documents related to the investment project, requirements on conditions and capacity of the investor.

- Execution time:

• Project subject to the investment policy of the Prime Minister: about 60 days

• Project subject to the investment policy of the Provincial People's Committee: about 40 days

- Processing agencies: Prime Minister, Provincial People's Committee

Diagram 1: Diagram of application for Investment Registration Certificate for projects subject to investment policy approval of the Prime Minister

Diagram 2: Diagram of application for Investment Registration Certificate for projects subject to investment policy approval of the Provincial People's Committee.

Step 3: Apply for an Enterprise Registration Certificate

After being granted the Investment Registration Certificate, the investors can choose the type of enterprise to apply for the Enterprise Registration Certificate. The profile includes:

• Application form for enterprise registration;

• Company’s charters;

• List of members or list of shareholders;

• List of authorized representatives;

• Copy of personal identification documents if the founding members is an individual;

• In case the investor is an organization: Copy of the Enterprise Registration Certificate or enterprise establishment decision; a document on appointing an authorized representative enclosed with a copy of one of his or her certified papers;

• Investment registration certificate: The investor submits 01 set of above documents to the Department of Planning and Investment. After 03 working days, from the date of receiving a valid application, the Department of Planning and Investment will issue the Enterprise Registration Certificate to the investor.

Diagram 3: Diagram of application for an Enterprise Registration Certificate

You are interested in investment procedures in Danang, investment in the Central region (investment in Vietnam); you want to find a reputable law firm in Danang, a professional law firm in Danang, please contact us:

PHONG & PARTNERS LAW FIRM

Add: 6th Floor, Thanh Loi Building, 249 Nguyen Van Linh street, Danang City

Tel: 0236.3822678 - 0905102425

Email: phongpartnerslaw@gmail.com

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