1. Domestic investment projects and foreign investment projects in Vietnam capitalized at VND 300 billion or more each and those on the list of conditional investment projects must go through examination procedures in order to be granted investment certificates.

2. The investment examination time limit shall not exceed 30 days after complete and valid dossiers are received; in case of necessity, this time limit may be prolonged but shall not exceed 45 days.

3. For national important projects, the National Assembly shall decide on investment undertakings and provide criteria for projects, the Government shall stipulate the order and procedures for investmentexamination and grant of investment certificates.

4. The Government shall specify the decentralization of examination and grant of investment certificates.

Procedures for examination of investment projects capitalized at VND 300 billion or more each and falling outside the list of conditional investment domains

1. A project dossier shall comprise:

a) A written request for the grant of an investment certificate;

b) A written certification of the investor’s legal status;

c) A report on financial capability of the investor;

d) The techno-economic explanations with details on investment objectives and location, land use demand,investment scale, investment capital, project execution schedule, technological solutions and environmental solutions;

e) For foreign investors, such a dossier shall also include a joint-venture contract or a BCC and the enterprise’s charter (if any).

2. Examination contents shall cover:

a) The compatibility with technical infrastructure planning, land use planning, construction planning, and planning on the use of minerals and other natural resources;

b) The land use demand;

c) The project execution schedule;

d) The environmental solutions.
Examination procedures applicable to investment projects in Vietnam on the list of conditionalinvestment domains
1. Examination procedures applicable to investment projects capitalized at under VND 300 billion each and on the list of conditional investment domains are stipulated as follows:

a) Project dossiers shall include explanations about conditions which must be met by investment projects; contents of investment registration stipulated in Clause 3, Article 45 of this Law, for domestic investmentprojects, or Clause 2, Article 46 of this Law, for foreign investment projects;

b) Contents of examination shall cover the conditions, which must be met by investment projects.

2. Examination procedures applicable to investment projects capitalized at VND 300 billion or more each and on the list of conditional investment domains are stipulated as follows:

a) Project dossiers shall include explanations about conditions, which must be met by investment projects; contents of examination dossiers are provided in Clause 1, Article 48 of this Law.

b) Contents of examination shall cover the conditions, which must be met by investment projects and those stipulated in Clause 2, Article 48 of this Law.

Investment procedures in Vietnam associated with the establishment of economic organizations

1. Foreign investors that invest in Vietnam for the first time must have investment projects in Vietnam and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted investment registration certificates. Investment certificates shall concurrently be business registration certificates.

2. Foreign-invested economic organizations already established in Vietnam, if having new investment projects, may fill in procedures for execution of such projects without having to establish new economic organizations.

3. Domestic investors having investment projects associated with the establishment of economic organizations shall make business registration in accordance with the provisions of Enterprise Law and relevant laws and shall fill in investment procedures under the provisions of this Law.

If you would like further information on Examination of investment projects in Vietnam, please either email to our Partners at: info@sblaw.vn or call to our Office:
Ha Noi Office: +84 (4) 62 62 0246
HCM Office: +84 (8) 35 208 101.
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