Which projects do not require an Investment Registration Certificate?
Cases in which the investment registration certificate is required
According to Clause 1, Article 37 of the Law on Investment 2020, cases requiring an Investment Registration Certificate include:
- Investment projects of foreign investors;
- Over 50% of its charter capital is held by a foreign investor(s) or, in case of a partnership, the majority of its general partners are foreigners;
- Over 50% of its charter capital is held by a business organization(s) mentioned in Point a of this Clause;
- Over 50% of its charter capital is held by a foreign investor(s) and a business organization(s) mentioned in Point a of this Clause.
3 cases in which the investment registration certificate is not required
You do not have to carry out the procedure for granting an Investment Registration Certificate if you fall into one of the cases mentioned in Clause 2, Article 37 of the Law on Investment 2020:
- Investment projects of domestic investors;
- Investment in the form of capital contribution, purchase of shares or stakes in a business organization;
- Business organizations other than those mentioned in Points a, b and c Clause 1 of Article 23 shall satisfy conditions and follow investment procedures applied to domestic investors when establishing a business organization, when making investment by contributing capital, purchasing shares or purchasing stakes of a business organization or when making investment under a business cooperation contract.
If the investor needs to issue an Investment Certificate (except for investments in the form of capital contribution, share purchase, or purchase of capital contribution from economic organizations) You can still carry out the procedures for granting an Investment Certificate according to regulations.