What do you need to prepare when applying for an investment license? [Checklist]

What do you need to prepare when applying for an investment license? An investment license is a legal document that records project information, serving as a basis for investment activities. Understanding the process and necessary documents helps the licensing process go smoothly and effectively. In the article below, we will detail the documents needed to prepare for an investment license.

What is an investment license? Why is an investment license needed?

Investment License, also known as Investment Registration Certificate. According to the provisions of Clause 11, Article 3 of the Law on Investment 2020, an Investment License is a paper or electronic document that records the investor’s registration information about an investment project.

Having an investment license brings many benefits to both the state and investors:

• For the State, investment licenses help make investment activities transparent, enhance capital management and business activities of foreign investors.
• For investors, an investment license is not only a legal basis for investment activities but also an important factor to build trust with partners and customers.

What do you need to prepare when applying for an investment license?

Preparing the application for an investment registration certificate is an important step that determines the outcome of the licensing process. Depending on each type of project, documents and procedures may be different. Below are things to prepare when applying for an investment license:

For projects not subject to investment policy approval

Pursuant to Clause 1, Article 33 of the Law on Investment 2020, the application for an investment license for a project not subject to investment policy approval includes:

• Written request to implement an investment project, accompanied by a commitment to bear all costs and risks if the project is not approved.
• Documents on the investor’s legal status.
• Documents proving the investor’s financial capacity, including the most recent 2-year financial statements, commitment to financial support, financial capacity guarantee or other documents proving financial capacity.
• Proposed investment project.
• Copy of land use rights documents or other documents determining the right to use the location to carry out the investment project (if the project does not request the State to allocate land, lease land, or allow change of land use purpose).
• Content explaining the technology used in the investment project (for projects subject to appraisal and consultation on technology).
• BCC contract (for investment projects in the form of BCC contract).
• Other documents related to the investment project, conditions and capacity requirements of the investor according to the provisions of law (if any).

For projects subject to investment policy approval

Pursuant to Article 35 of Decree 31/2021/ND-CP, for projects subject to investment policy approval when applying for an investment license, the dossier includes:

• Decision approving the investment policy.
• Proposal from the Ministry of Planning and Investment (for projects under the investment policy approval authority of 02 or more Provincial People’s Committees).
• Document requesting issuance of Investment Registration Certificate (for projects that have had investment policies approved and investors have won the auction or bid; investment projects subject to investor approval and subject to issuance of Investment Registration Certificate).

Investment license application process

Applying for an investment license is done according to the following process:

Authority to grant

The Department of Planning and Investment where the investor implements the investment project, places or plans to locate the executive office to implement the investment project shall issue an Investment Registration Certificate for the following investment projects:

1. Investment projects implemented in 02 or more provincial administrative units;
2. Investment projects implemented inside and outside industrial parks, export processing zones, high-tech parks and economic zones;
3. Investment projects in industrial parks, export processing zones, high-tech zones, economic zones where the Management Board of industrial parks, export processing zones, high-tech zones, economic zones have not been established or are not under the management of the Management Board of industrial parks, export processing zones, high-tech zones, or economic zones.
4. The Management Board of industrial parks, export processing zones, high-tech zones, and economic zones issues Investment Registration Certificates for the following investment projects:

• Investment projects on construction and business of infrastructure of industrial parks, export processing zones, high-tech parks and functional areas in economic zones;
• Investment projects implemented in industrial parks, export processing zones, high-tech zones, and economic zones.

How to submit application

Investors can submit applications directly or online at the competent investment licensing agency.

Resolution deadline

For projects subject to investment policy approval:

• 05 working days from the date of receiving the document approving the investment policy concurrently with the investor’s approval for investment projects subject to issuance of Investment Registration Certificate;
• 15 days from the date of receiving the investor’s request for an Investment Registration Certificate for investment projects that do not fall into the cases specified above.

For projects not subject to investment policy approval:

The investment registration agency issues an Investment Registration Certificate to the investor within 15 days from the date of receipt of valid documents when the project meets the following conditions:

Not belonging to industries or occupations banned from business investment as prescribed in Article 6 of the Law on Investment and international treaties on investment;

Have a location for implementing the investment project determined on the basis of a valid copy of land use rights documents or a valid copy of the location rental agreement or other documents or documents determining the right to use the location to implement the investment project;

The investment project is in accordance with the planning as prescribed in Clause 7, Article 31 of Decree 31/2021/ND-CP;

Meet the conditions of investment rate per land area prescribed by the Provincial People’s Committee based on actual local conditions and approved by the Standing Committee of the Provincial People’s Council (if any), number of labor used (if any);

Meet market access conditions for foreign investors.

Notes when preparing investment license application documents

In order for the initial license application process to take place quickly, smoothly and effectively, it is necessary to pay attention to preparing the following documents:

• Investors need to clearly understand the legal regulations on investment, condition and procedure apply for an investment license to prepare complete and accurate documents.
• The application needs to be fully prepared with papers and documents according to regulations, ensuring accuracy and validity.
• Investors need to submit documents to the correct competent authority to avoid wasting time and costs.
• Investors need to monitor the progress of processing documents to promptly supplement and amend when required.

>>> Reference: Application for investment registration certificate and drafting consultation.

Fast and reputable consulting and guidance services for applying for an investment license

Long Phan provides quick and reputable consulting services and guidance on applying for an investment license. With a team of experienced experts, we provide the following services:

• Advise schools to apply for investment licenses;
• Consulting and support in fully preparing license application documents;
• Instructions on the order and procedures for applying for investment licenses;
• Consulting on licensing conditions;
• Consulting with competent licensing agencies;
• Representing customers to apply for investment licenses quickly;
• Consulting, explaining instructions, and supplementing documents, if any;
• Consulting on the term of the investment license;
• Consulting on extension and adjustment of investment licenses;
• Consulting and solving other related issues.

Applying for an investment license is a complicated process, requiring careful preparation and understanding of the law. Hopefully this article has provided customers with useful information about what to prepare when applying for an investment license. If you have any questions, please contact Long Phan via the hotline: 0906735386 for the best advice and support.