Based on Article 21 Investment Law 2020 Regulations on investment forms are as follows:

Form of investment

1. Invest in establishing economic organizations.

2. Invest in capital contribution, buy shares, buy capital contribution.

3. Implement investment projects.

4. Investment in the form of a BCC contract.

5. New forms of investment and types of economic organizations according to Government regulations.

BaseClause 14, Article 3 of the Investment Law 2020 According to regulations, a business cooperation contract (hereinafter referred to as BCC contract) is a contract signed between investors for business cooperation, profit sharing, and product division according to the provisions of law. do not establish economic organizations.

Accordingly, if two parties want to cooperate in business and share profits without establishing a business, they can choose to sign a business cooperation contract. The two parties can agree to appoint a representative to issue invoices according to the instructions atPoint n Clause 3 Article 5 Circular 78/2014/TT-BTC.

According toArticle 27 of Investment Law 2020 Regulations on investment in the form of BCC contracts are as follows:

Investment in the form of BCC contract

1. BCC contracts signed between domestic investors comply with the provisions of civil law.

2. BCC contracts are signed between domestic investors and foreign investors or between foreign investors carrying out procedures for issuance of Investment Registration Certificates according to the provisions of Article 38 of this Law.

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Accordingly, if the BCC contract is signed between domestic investors, there is no need to apply for an investment certificate.

If signed with a foreign investor (in the case at Clause 1, Article 37 of the Investment Law 2020) then need to apply for an investment certificate according to the procedures atArticle 38 of Investment Law 2020.