Investor approval procedures are of interest to many individuals and organizations in the context of a developing economy.
The investor approval process and procedures from 2023 are one of the important contents, playing a decisive role in approving investment activities, pouring capital into enterprises from individuals and organizations operating economically at home and abroad. The approval of investors to be allowed to implement projects, participate in the production and business process of many enterprises is a way to give wings for the national economy to develop soon.
However, the simultaneous appearance of many concepts and processes is relatively new to the business activities of domestic and foreign enterprises, many business representatives still have many concerns about the process or procedures for investor approval. In this article, Warren B would like to share with all customers and partners all knowledge about investor approval procedures from 2023.
I. Concepts and Procedures for Investor Approval from 2023
Although it is a popular and frequently used concept in the business environment and in economic activities in general, “investor” is still a relatively vague concept for many business representatives. Specifically, according to Clauses 18, 19 and 20, Article 3 of the Investment Law 2020, the concept of investor is explained and explained as follows:
- Investors can be individuals or organizations carrying out business investment activities. Including domestic investors, foreign investors and economic organizations with foreign investment capital.
- Foreign investors are organizations established under foreign regulations, or individuals with foreign nationality who want to carry out business investment activities in Vietnam.
- Domestic investors are individuals with Vietnamese nationality, or economic organizations that do not have foreign investors as shareholders or founding members.
Article 30 of Decree 31/2021/ND-CP has regulations on investor approval procedures as follows: The only investor who registers to participate in the auction or the investor who has proposed to implement the investment project – After conducting the auction at least 2 times but failing, it will be considered and approved according to the following procedure (according to point a, clause 3, Article 29 of Decree 31/2021/ND-CP)
Step 01: The investor submits 04 sets of investor approval documents to the investment registration agency, including:
- Document requesting investor approval
- Documents on the investor’s legal status
- Documents proving financial capacity include at least one of the following items: financial statements for the most recent 2 years, commitment to financial support from the parent company, commitment to financial support from financial institutions financing, guaranteeing the financial capacity of investors,…
- If the project is subject to appraisal, consultation on technology and technology transfer according to the provisions of law, it is necessary to add an explanation about the technology used in the investment project.
- 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).
Step 02: Within 03 working days from the time of receiving valid documents, the investment registration agency is responsible for sending the documents to get opinions from relevant state agencies – meeting the requirements. requirements specified in points b, c and d, clause 4, Article 33 of the Investment Law. For any project whose investment policy is approved by the National Assembly or the Prime Minister, the registration agency must simultaneously send the dossier to get opinions from the Ministry of Planning and Investment.
Step 03: Within 15 working days, the consulted agencies must give their opinions within the relevant state management scope and send it back to the investment registration agency.
Step 04: Within 25 days from the date of receipt of valid documents, the investment registration agency must prepare an appraisal report, including the contents as prescribed in points b, c and d, clause 4 article 33 of the Investment Law. Then submit it to the Provincial People’s Committee.
Step 05: Within 07 working days from receiving the report from the investment registration agency, the Provincial People’s Committee approves the investor approval procedure and sends it to the Ministry of Planning and Investment, the auction organization, the investment management agency as well as the investor himself.
II. Some Notes on Investor Approval Procedures from 2023
In cases where ministries, ministerial-level agencies or Government agencies organize bidding, these agencies must prepare a report on preliminary assessment results, experience and investor approval in case the investor meets the provisions at Points b, c and d, Clause 4, Article 33 of the Investment Law.
For projects that have been approved by the National Assembly or the Prime Minister, the investor approval decision must be sent to the Ministry of Planning and Investment, the investment registration agency as well as a copy of the investment policy. investor body.
III. Transparent Pricing with No Hidden Fees
We believe in transparency and fairness. Our pricing structure is straightforward, with no hidden fees. You can trust that the costs associated with incorporating your business in Vietnam will be clear and transparent from the start.
Establishing a business in Vietnam as a non-resident property owner comes with specific tax obligations that must be fulfilled. At Warren B, we offer fast and efficient business incorporation services, supported by English-speaking consultants who can guide you through the process. Our transparent pricing ensures that there are no hidden fees. Contact us today to embark on your journey of establishing a successful business in Vietnam.
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