Công văn 4326/BKHDT-DTNN

The Law on investment No. 67/2014/QH13 approved in 8^th session of the National Assembly of XIII tenure on November 26, 2014 (hereinafter referred to as the Law on investment) takes effect from July 1, 2015.

On June 16, 2015, the Ministry of Justice has sent a document No.118 / BTP-PLDSKT on the results of assessment the Draft of the Decree providing instructions on the implementation of a number of articles of the Law on investment. Currently, the Ministry of Planning and Investment is completing such Draft to report to the Government. Simultaneously, the Ministry of Planning and Investment has prepared a draft of Circular providing guidance on the form used to follow procedures of investment and report on investment in Vietnam. The Ministry of Planning and Investment shall promulgate such Circular as soon as the Government promulgates the Decree providing instructions on the implementation of a number of articles of the Law on investment.

In order to ensure that the Law on investment is implemented from July 1, 2015, before instructional Decrees and Circulars are promulgated, the Ministry of Planning and Investment provides guidance on procedures for receipt of investment application forms under the Law on investment as follows:

1. Receipt, issuance, adjustment of Certificate of investment registration

Agencies receiving, issuing, adjusting the Certificate of investment registration

From July 1, 2015, the agencies competent to receive, issue, and adjust the Certificate of investment registration are specified in Article 38 of the Law on Investment 2014.

Procedures for receiving, issuing, adjusting the Certificate of investment registration

a) Investors may declare online the information about investment projects in the National Foreign Investment Information System (dautunuocngoai.gov.vn or fdi.gov.vn) and get the code for filing online application. Within 15 days from filing the online application, the investor shall submit the application to the Agency for investment registration.

b) After the application is received, the investor will be granted a temporary account to access the system. The temporary account is used to monitor the processing of the application and is only effective during the processing of the application.

c) The investment registration authority shall print a receipt from the System and give it to the investor when he/ she submits the application.

d) If the application is unsatisfactory, the investment registration authority shall send a written notification to the investor within 03 working days from the date of receipt of the application for the investor to amend or supplement it.

e) The investment registration authority shall issue the Certificate of investment registration to the investor in accordance with the Law on Investment.

Project codes

a) Project code is a series of 10 digits which are unchangeable during the operation of the project and is not allowed to be issued to other projects. When the project’s operation is terminated, its project code shall expire. The project code is created automatically by the National Investment Information System and is recorded on the Certificate of investment registration.

b) For the investment project set up under the investment Certificate, investment License or other equivalent documents, the project code is the number of the investment Certificate, the number of investment License or the numbers of other equivalent documents issued for the project.

c) In case of adjusting the investment Certificate / investment License, the project shall be issued with another code which replaces the number of the issued investment Certificate / investment License.

2. Implementation

People’s Committee in central-affiliated cities and provinces are requested to direct the Agency for investment registration to:

- Follow procedures for receiving and processing applications for registration of investment projects on the National Foreign Investment Information System.

- Access the National Foreign Investment Information System at: dautunuocngoai.gov.vn or fdi.gov.vn to download the forms and post the forms at the places where the applications are submitted.

Any problems arising during the implementation shall be reported to the Department of Foreign Investment - the Ministry of Planning and Investment for guidance. /.