On 18th April 2017, The Ministry of Planning and Investment promulgated Circular 02/2017/TT-BKHDT regarding the coordination in performing registration procedures for investment and business to foreign investors (“Circular 02”).

The coordination procedures will be applied to:

  1. Foreign investors, foreign-owned enterprises (hereinafter referred to as “FIs”) register for their establishment;
  2. FIs contribute in capital, stocks, or share capital;
  3. FIs adjust enterprise registration contents simultaneously with investment registration contents which consist: (i) change in registered lines of business in tandem with investment objectives of the projects; (ii) change in locations of head office and investment sites simultaneously; (iii) adjustment in authorised capital and capital pools of investment projects tandem; or (iv) change in members of board, founding shareholders, foreign shareholders and investor’s information indicated in the Investment Registration Certificate (“IRC”).

Coordination of implementation procedure for FIs registering for their establishment:

  1. FIs summit application through Front Office of the Department of Planning and Investment (“DPI”);
  2. Front Office and Business Registration Department examine the validity of an application;
  3. At the same working day issued an IRC issuance, Front Office inputs an IRC on the National Registration Portal for investment, then send over those information to the relevant Business Registration Department via this coordinate Portal;
  4. Business Registration Department processes business registration applications at the National Registration Portal for enterprises, then forwards relevant information to Registration Portal for taxpayer reference to issuing company registration numbers and an Enterprise Registration Certificate (“ERC”); and
  5. Return both IRC and ERC to FIs within 01 working day upon the date of receiving ERC.

Coordination of implementation procedure for FIs contributing in capital, stocks, or share capital:

  1. FIs summit application through Front Office of DPI; Front Office then seal those enterprises’ registration applications to the Business Registration Department;
  2. Front Office and Business Registration Department examine the validity of an application;
  3. DPI issues a written Document of Acceptance on the capital contribution, stocks, or share capital for FIs;
  4. Business Registration Department is accountable for (a) issuing an ERC and a written Document of Acceptance for amending enterprise registration contents; and (b) forwarding those documents to Front Office; and
  5. Return a folder of written Document of Acceptance on the capital contribution, stocks, or share capital for FIs, and an ERC to FIs, a written Document of Acceptance for amending enterprise registration contents to FIs within 01 working day upon the date of receiving results.

Coordination of implementation procedure for FIs adjusting the enterprise registration contents and investment registration contents simultaneously:

  1. FIs summit application to Front Office;
  2. Front Office send over application to Business Registration Department;
  3. Front Office and Business Registration Department examine the validity of an application; and
  4. Return ERC, written document of Acceptance for amending enterprise registration contents or the IRC to FIs within 01 working day upon the date of receiving such results.

Circular 02 will take effect from 15th June 2017.