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Authorities for Issuing, Amending and Revoking IRCs in Vietnam

Authorities for Issuing, Amending and Revoking IRCs in Vietnam

1. Legal Basis

The following information is provided in accordance with official Vietnamese regulations, including:

  • Law on Investment

  • Circular No. 02/2017/TT-BKHĐT

  • Decree No. 118/2015/NĐ-CP

  • National Public Service Portal (dichvucong.gov.vn)

These legal documents govern investment registration procedures and coordination mechanisms between investment registration and enterprise registration authorities.

2. Authorities Competent to Receive and Issue Investment Registration Certificates

Pursuant to Clause 1, Article 3 of the Law on Investment, an investment registration authority is defined as a competent authority responsible for issuing, amending, and revoking Investment Registration Certificates.

Specifically, the competent authorities include:

2.1. Department of Planning and Investment (DPI)

The Department of Planning and Investment is responsible for:

  • Receiving investment registration dossiers;

  • Examining and appraising investment projects;

  • Issuing Investment Registration Certificates for projects implemented outside industrial parks, export processing zones, hi-tech parks, and economic zones.

2.2. Management Boards of Industrial Zones and Economic Zones

According to Clause 2, Article 3 of Circular No. 02/2017/TT-BKHĐT, investment registration authorities also include:

  • Management Boards of Industrial Parks;

  • Management Boards of Export Processing Zones;

  • Management Boards of Hi-tech Parks;

  • Management Boards of Economic Zones.

These authorities are empowered to receive, process, and issue Investment Registration Certificates for projects located within their respective jurisdictions, in accordance with Article 28 of Decree No. 118/2015/NĐ-CP.

3. Authority to Amend Investment Registration Certificates

When an investor adjusts project contents such as investment capital, scale, objectives, duration, location, or investor information, the competent authority shall:

  • Receive and appraise the amendment dossier;

  • Decide on the amendment of the Investment Registration Certificate.

The authority responsible for the amendment is the same authority that originally issued the certificate, namely:

  • The Department of Planning and Investment, or

  • The relevant Industrial Park / Economic Zone Management Board.

4. Authority to Revoke Investment Registration Certificates

An Investment Registration Certificate may be revoked in cases where:

  • The investor fails to implement the project within the prescribed timeline;

  • False or misleading information is provided;

  • The project seriously violates investment or environmental regulations.

The competent authority to revoke the certificate shall be:

  • The Department of Planning and Investment, or

  • The relevant Management Board, depending on the project’s location and issuing authority.

5. Summary of Competent Authorities

ProcedureCompetent Authority
Receiving investment registration dossiersDPI or relevant Management Board
Issuing Investment Registration CertificatesDPI or relevant Management Board
Amending Investment Registration CertificatesDPI or relevant Management Board
Revoking Investment Registration CertificatesDPI or relevant Management Board
 

6. Importance for Investors

Correctly identifying the competent authority helps investors:

  • Submit dossiers to the right authority;

  • Reduce processing time and administrative risks;

  • Ensure legal compliance throughout project implementation.

Reference Source:
National Public Service Portal of Vietnam (dichvucong.gov.vn)
Law on Investment; Circular No. 02/2017/TT-BKHĐT; Decree No. 118/2015/NĐ-CP

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