Notes on cases of invalidation of investment registration certificates

Notes on cases of invalidation of investment registration certificates

Outward investment is a complicated activity requiring carrying out many procedures, in which, the compulsory document is an offshore investment registration certificate so when will this document be terminated or considered invalid? In this case, what should enterprises need to know to protect their legal rights? In this article, HTC Vietnam law firm will provide you with information on invalidation of investment registration certificates

1. In which cases the validation of investment registration certificates will be terminated?

Clause 1 article 64 of law on investment stipulated that the outward investment registration certificate shall be invalidated in the following cases:

- The investor decides to terminate the investment project;

- The investment project duration is over in accordance with regulations of law of the host country;

- The investment project has to be terminated according to the conditions set out in the contract or charter of the enterprise;

- The investor transfers all outward investment capital to a foreign investor;

- The investor fails to execute or is unable to execute the investment project in line with the schedule registered with the regulatory agency within 24 months from the date of issuance of the outward investment registration certificate and fails to follow the procedures for adjusting the execution schedule of the investment project;

- The foreign business organization is dissolved or goes bankrupt in accordance with the law of the host country;

- Pursuant to a judgment or decision of a court or an arbitral award;

2. Applications and procedures for invalidation of outward investment registration certificates

Step 1: prepare all the required documents. The application includes:

- An application form for invalidation of the outward investment registration certificate;

- Originals of issued investment registration certificates;

- Decision on termination of outward investment project corresponding to the regulations set out in Article 59 of the Law on Investment;

- Document about the investor’s legal status.

- Documents proving that the investor has completed the project termination and liquidation, and repatriation of proceeds from the project termination and liquidation as prescribed in Article 88 Decree 31/2021/NĐ - CP;

Step 2: file the application for competent agencies

Require application: 01 application

Form of filing the application: file at where the representative office is expected to be located directly or by post or online (where applicable).

Competent agencies: Department of planning and investment of the city/province

Step 3: competent agencies receive and process

- In case the application is valid, the Ministry of Planning and Investment shall decide to invalidate the outward investment registration certificate and send the invalidation decision to the investor and regulatory bodies concerned.

- In case the application is invalid, the Ministry of Planning and Investment sent notice in written form to the investor to fulfill the application

Legal services HTC VN Law Firm provides related to consulting procedures for invalidation of investment registration certificates:

- Consultation on issues related to procedures for invalidation of investment registration certificates;

- Consultation on cases of invalidation of investment registration certificates;

- Consultation on compiling and completing relevant documents and applications;

- Monitoring the process of accepting dossiers by competent state agencies and explaining to state agencies the issues related to dossiers;

- Representing clients to carry out procedures for invalidation of investment registration certificates, receive results and transfer them to clients.

Service Quality Commitment

The following are HTC Vietnam Law Firm’s Principles of Operation: Conscientious - Effective - Reliable. HTC Vietnam Law Firm assures quality, specifically as follows:

- Ensure that the work is carried out according to the agreed schedule, in accordance with the law, and in accordance with the code of ethics and Codes of Conduct of Vietnamese lawyers.

- Give priority to customers' interests, and make every effort to provide customers with the best quality of service.

- Respect the confidentiality of information that clients provided and information pertaining to the clients.

We are looking forward to a long-term cooperation.

Best Regards!

(Writer: Vu Ngoc Quynh/176; Date: 17/1/2022

Translator: Vu Ngoc Anh)