I. IRC and ERC LICENSING AUTHORITY
|Certificate||Investment Registration Certificate (IRC)||Enterprise Registration Certificate (ERC)|
|Investment projects inside IZ, EPZ, EZ, Khu CNC||Management authority of IZs, EZ, EPZ, Hi-tech park||Provincial Department of Planning and Investment
|Dự án NGOÀI IZ, EPZ, EZ, khu CNC||Department of Planning and Investment|
|Investment projects implemented in 2 or more provinces; Projects implemented both inside and outside IZ, EPZ, EZ, Hi-tech park (afterwards called as “IZs”; Projects inside IZs where the Provincial IZs management authority is not yet established.||Investment registration authority (e.g. IZs management authority, DPI, others)
For large scale or typical projects as described in the Law, they must seek investment policy approval by theProvincial People’s Committee or the Prime Minister or the National Assembly. (Article 30 – 32).
II. REPRESENTATIVE OFFICE OF FOREIGN BUSINESS ENTITY (Decree 107/2016)
Authority to issue the license for establishment of a representative office of foreign business entity in Viet Nam is as follows (Article 5):
- INSIDE IZs, EPZ, EZ, Hi-tech park: Provincial Management authority of IZs , EZ, Hi-tech park (Article 5)
- OUTSIDE IZs, EPZ, EZ, Hi-tech park: Department of Industrial and Trade (Article 5)
Representative office is a subordinate unit of foreign enterprise, established under the Vietnamese laws in order to seek, promote trade and tourism opportunities but is not allowed to engage in any direct profit-making activities.
III. FOREIGN BUSINESS ENTITY BRANCH (Decree 107/2016)
Authority to issue licences for establishment of a foreign business entity branch is the The Ministry of Industry and Trade (Article 6).
Unless otherwise indicated in each specific sector or sub-sector of the Commitments in Services of WTO, the establishment of a branch is unbound.