On December 31st, 2020, The Ministry of Planning and Investment issued Official Letter No. 8909/BKHĐT-PC on Law on Investment 2020 implementation. Whereby, the Official Letter contains guidance some following contents:
- From January 1st, 2021, investment policies approval, issuance, adjustment of the Investment Registration Certificate, Certificate of registration of outward investment, and other procedures to engage investment activities as stipulated by the Law on Investment 2020;
- In terms of registering the capital contribution, purchase of shares, or capital contribution between the foreign investors and the business organization that takes contributions, shares, or stakes, beside the initial dossiers as regulated before, there are some new additional dossiers:
- Agreement on the capital contribution, purchase of shares, or capital contribution between the foreign investors and the business organization that takes contributions, shares, or stakes;
- Declaration on the Certificates of land use rights of the business organization that takes contributions, shares, or stakes from the foreign investors if the maintenance of the national defense and security is required and comply with regulations of the law on land and conditions for receipt of land use rights and conditions for use of land on islands or border or coastal communes as prescribed in Law on Investment 2020.
- The handling of investment project dossiers received before the effective date of the Law on Investment 2020 shall be implemented as follows:
- Valid received dossiers as stipulated by the Law on Investment 2014, Decree No. 118/2015/ND-CP that have exceeded the processing deadline without returning the result as stipulated by the Law on Investment 2014. Decree No. 118/2015/ND-CP, then they will be continued processing as regulated by Law on Investment 2014.
- For valid dossiers that are received as prescribed by Law on Investment 2014, Decree No. 118/2015/ND-CP with the processing deadline after January 1st, 2021, The investment registration agency guides the investors to supplement the missing documents (if any) or adjust the content in the submitted dossier to comply with the regulations of Law on Investment 2020 for the procedure implementation of this Law.
- Some investment procedures document form shall be made according to the attached form in the Official Letter 8909/BKHĐT-PC.
The Law on Investment 2020 took effect from January 1st, 2021, however, the implementation guiding Decree has not yet been issued. Hence, the enterprises shall comply with the above-mentioned Official Letter for the time being.
