Da Nang, with its favorable geographical location and attractive investment environment, is becoming an ideal destination for foreign investors. To help investors conveniently carry out legal procedures in Vietnam, Duong Gia Law is proud to be a leading consulting unit, specializing in providing support services for granting Investment Certificates to foreigners. With a team of experienced lawyers, extensive expertise, and an understanding of investment law regulations, we are committed to accompanying customers in every stage of the investment process, ensuring the highest legal rights and security.
DUONG GIA LAW FIRM – DA NANG BRANCH
Address: 141 Diep Minh Chau, Hoa Xuan Ward, Cam Le District, Da Nang City
Phone: 0931548999; 02367300899
Legal basis:
- Investment Law No. 61/2020/QH14 dated June 17, 2020;
- Decree No. 31/2021/ND-CP dated March 26, 2021;
- Circular No. 03/2021/TT-BKHĐT dated April 9, 2021, of the Minister of Planning and Investment stipulating the forms of documents and reports related to investment activities in Vietnam, investment from Vietnam to foreign countries, and investment promotion issued by the Ministry of Planning and Investment.
- Vietnam’s commitments to the WTO;
1. What is an Investment Registration Certificate?
An Investment Certificate (also known as an Investment Registration Certificate) is a legal document issued by a competent state agency to a foreign investor or a domestic organization or individual when they wish to invest in Vietnam. This certificate confirms the rights and obligations of the investor during the implementation of the investment project.
The main contents of the Investment Certificate include:
– Information about the investor: Name, address, nationality (for individuals) or business name, address, tax code (for organizations).
– Information about the investment project: Project name, location, scale, objectives, business lines, project implementation time, and investment capital.
– Rights and obligations of the investor: Rights and obligations related to the implementation of the project, including the performance of financial obligations to the State.
Role of Investment Certificate:
– Legal basis: This is the legal basis for investors to carry out investment projects in Vietnam.
– Protection of rights: Helps protect the legitimate rights of investors during business operations.
– Convenience for administrative procedures: Is one of the necessary documents to carry out other procedures such as business registration, applying for a business license, applying for a construction permit, etc.
The Investment Certificate is an important part of the investment process in Vietnam, helping to create favorable conditions for foreign investors to participate in the market.
2. Conditions for granting investment certificates to foreigners in Vietnam
Currently, for investment projects not subject to investment policy approval as prescribed in Articles 30, 31 and 32 of the Investment Law 2020, investors are granted an Investment Registration Certificate if they meet the following conditions:
– The investment project is not in a sector or profession prohibited from investment and business;
– There is a location for implementing the investment project;
– The investment project is in accordance with the planning prescribed in Point A, Clause 3, Article 33 of the Investment Law 2020;
– Satisfying the conditions on investment rate per land area, number of employees (if any);
– Satisfying the conditions for market access for foreign investors.
3. Documents
- Legal documents of the investor
For individuals: Passport or legal identity verification documents.
For organizations: Business establishment license or equivalent documents.
- Investment project proposal
Detailed description of the project, including:
– Project name
– Implementation location
– Investment objectives and scale
– Project implementation period
– Expected products/services to be provided
– Investment capital plan, capital sources, and investment forms.
- Documents proving financial capacity
Investor’s financial report (if any) or other documents proving financial capacity such as bank guarantee, land lease contract, association contract, etc.
- Document verifying the foreign investor’s bank account balance
Content of the verification document: Confirmation of the foreign investor’s bank account balance equivalent to or greater than the investment amount.
How to get verification documents from the bank: Contact the bank where the foreign investor opens an account to request verification of the account balance.
- House/office lease contract to implement the investment project
Content of the house/office lease contract: Including information about the house/office owner, the house/office tenant, the house/office address, the rental area, the rental period, the rental price, the terms of payment, maintenance, repair, etc.
Requirements for the house/office lease contract: The contract must be made in accordance with legal regulations and have full signatures of the parties.
Note: All documents must be consularized (except for countries that have signed the WTO cooperation agreement with Vietnam), notarized, and translated into Vietnamese.
To ensure that the process of applying for an Investment Registration Certificate goes smoothly, it is very important to prepare complete and accurate documents.
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4. Agency submitting documents
Foreign investors can submit their application for an Investment Registration Certificate to one of the following agencies:
- Department of Planning and Investment of Da Nang City: This is the main agency in charge of receiving and processing investment registration applications.
- Danang Industrial Parks Management Board: If the investment project is located in an industrial park, investors can submit their application to the Industrial Parks Management Board.
- Time for processing documents: According to regulations, the time for competent authorities to review and issue the Investment Registration Certificate is usually from 15 to 30 working days from the date of submission of a complete and valid application.
Note
- To ensure the process goes smoothly, investors should prepare complete and accurate documents from the beginning.
- If there are any questions about the procedures, investors can contact Duong Gia Law Firm lawyers for timely support.
5. Duong Gia Law Firm – Legal support after issuance of the Investment Registration Certificate
After receiving the Investment Registration Certificate, investors need to carry out many procedures and legal obligations to ensure smooth business operations. Duong Gia Law Firm is proud to provide reputable and effective legal support services to foreign investors in Vietnam.
Business registration consultancy
- Carry out business registration procedures: Support in completing necessary procedures to establish a business in accordance with Vietnamese law.
- Choose a business form: Advice on business forms suitable for business strategies.
Support in applying for a business license
- Business license consultancy: Identify the types of licenses required for business operations and guide the application procedures.
- Draft documents: Support investors in preparing and submitting applications for licenses.
Financial obligation consultancy
- Tax guidance: Provide information and support in declaring taxes that businesses must pay.
- Ensure compliance: Help businesses fully perform their financial obligations in accordance with the law.
Labor and social insurance consultancy
- Compliance with labor laws: Advice on labor contracts, welfare regimes, and regulations on labor safety.
- Social insurance: Support for insurance registration for employees and implementation of related reporting procedures.
Dispute resolution
- Dispute resolution support: Provide representation services for investors in disputes arising during business operations.
- Contract negotiation consulting: Guide to negotiating, drafting, and adjusting commercial contracts.
Legal information update
- Notification of regulatory changes: Update and notify customers of changes in laws affecting investment activities.
- Project adjustment consulting: Support for adjusting Investment Certificates when there are changes in project content.
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6. The commitment of Duong Gia Law
- Professional team of lawyers
Duong Gia Law owns a team of highly specialized lawyers, knowledgeable about investment law and legal regulations in Vietnam. We are committed to providing customers with the most optimal solutions.
- Trusted Experience
With many years of experience in the field of legal consulting, Duong Gia Law has successfully supported hundreds of customers, from small businesses to large corporations, in applying for Investment Certificates.
- Dedicated service
We not only provide consulting services but also accompany customers throughout the process of implementing investment projects, ensuring that all procedures are carried out quickly and effectively.
- Companion throughout
Duong Gia Law will accompany customers from the stage of preparing documents until receiving the license, ensuring that no shortcomings occur.
- Reasonable price
Commit to providing services at reasonable fees, in accordance with the value of the service that customers receive.
- Information security
Customer information will be kept absolutely confidential and will not be disclosed to third parties without consent.
Applying for an Investment Certificate for foreigners in Da Nang is not only an administrative procedure but also an important first step for the success of an investment project. With the support of Luat Duong Gia, you will have peace of mind and confidence to implement your business plan in Vietnam.
If you are planning to invest in Da Nang and need advice, do not hesitate to contact Luat Duong Gia. We are always ready to support and accompany you on the path to successful investment!
For more information, please contact: 093.145.8999 (Lawyer Thang) or the Service Department at 02367.300.899
