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PROCEDURE FOR GRANTING INVESTMENT REGISTRATION CERTIFICATE UNDER DECREE NO. 19/2025

According to the provisions of Article 3 of Decree No. 19/2025/ND-CP, the procedure for registering the issuance of the Investment Registration Certificate shall be carried out as follows:

- The application for the issuance of the Investment Registration Certificate shall comply with the provisions of Clause 2, Article 36a of the Investment Law 2020 and the contents specified in Clause 2, Article 3 of Decree No. 19/2025/ND-CP.

- The investor's commitment in the investment project proposal document includes the following contents:

+ Relevant conditions, standards, and technical regulations according to the law on construction, environmental protection, and fire prevention and fighting;

+ Preliminary assessment of the project's compliance with the conditions, standards, and technical regulations specified in point a of this clause;

+ Commitment to meet the conditions, standards, and technical regulations specified in point a of this clause, not to engage in prohibited acts according to the law on construction, environmental protection, and fire prevention and fighting, and to bear full responsibility in case of non-compliance with the commitments made.

- The investor shall submit one set of the application for the issuance of the Investment Registration Certificate as prescribed in Clause 1, Article 3 of Decree No. 19/2025/ND-CP to the Management Board of industrial parks, export processing zones, high-tech zones, and economic zones (hereinafter referred to collectively as the Management Board). The Management Board shall review, evaluate, and issue the Investment Registration Certificate in accordance with the provisions of Clause 4, Article 36a of the Investment Law 2020. The Investment Registration Certificate, along with the investor's commitment, shall be sent simultaneously to the competent state management authority regarding construction order, environmental protection, and fire prevention and fighting at the local level.

- The assessment of the project's compliance with the planning specified in point b, Clause 3, Article 36a of the Investment Law 2020 shall be conducted as follows:

+ Assessment of the project's compliance with the planning of sub-regions in industrial parks, export processing zones, high-tech zones, concentrated information technology zones, and free trade zones. In cases where the project is proposed in areas that do not require sub-regional planning or where the sub-regional planning must be adjusted and has not yet been approved by the competent authority, the assessment shall be based on the compliance of the investment project with the general planning of the city, town, district, or commune that has been approved, except for the cases specified in point c of this clause;

+ If the project is proposed in functional areas within the economic zone, the assessment shall evaluate the project's compliance with the general planning of the economic zone or the general planning of the city or town that has been approved, except for the cases specified in point c, Clause 4, Article 3 of Decree No. 19/2025/ND-CP;

+ For industrial parks, export processing zones, high-tech zones, concentrated information technology zones, free trade zones, and functional areas within the economic zone that have effective sub-regional planning according to the provisions of the Urban and Rural Planning Law 2024, the assessment shall evaluate the project's compliance with the sub-regional planning.

- For projects proposing state land lease or permission for land use change, the assessment shall evaluate the ability to meet the conditions for land leasing and land use change as prescribed by land law; the compliance of land use demands with project objectives, scale, investment capital, location, and project implementation schedule.

- The contents of the Investment Registration Certificate shall comply with the provisions of Article 40 of the Investment Law 2020, which includes the investor's commitments.

- Economic organizations established by foreign investors according to the provisions of Clause 5, Article 36a of the Investment Law 2020 must register investment and business sectors in accordance with the provisions of Clause 1, Article 36a of the Investment Law 2020 and may only adjust the content of business registration to add other investment and business sectors after being granted the Investment Registration Certificate as specified in Clause 3, Article 3 of Decree No. 19/2025/ND-CP.

This article is for reference only and is not intended to be used as advice. If you need advice, please contact us via email: info@barrso.com


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