On September 3, 2025, the Government promulgated Decree No. 239/2025/ND-CP (“Decree 239”) amending Decree No. 31/2021/ND-CP (“Decree 31”) guiding the implementation of the Law on Investment, with several provisions aimed at supporting and simplifying investment procedures for investors.
1. Investors experiencing delays in land handover, resulting in extended project implementation timelines, are not required to carry out investment project adjustment procedures
The Decree supplements a provision allowing that in cases where investors face delays in land handover, they are not required to carry out procedures to adjust the Decision on approval of investment policy, Decision on approval of investment policy concurrently with investor approval, or the issued Investment Registration Certificate.
The timeline stated in the land allocation decision, land lease decision, land use purpose conversion decision, or the land handover document issued by the competent State authority shall serve as the basis for determining the project’s operational term and implementation progress.
However, if the investor so desires, they still retain the right to carry out procedures to adjust the investment project.
2. Investors are entitled to select the provincial-level People’s Committee as the focal point to carry out investment licensing procedures for projects using land located in two or more provinces
+ For projects using land under the authority to approve investment policy of two or more provincial-level People’s Committees, the investor may choose to carry out procedures for approval of investment policy at the locality where the majority of land area is proposed for use, or where the main project works are to be constructed, or where the majority of investment project activities will be implemented.
The selected provincial-level People’s Committee shall collect opinions from relevant provincial authorities and consider granting investment policy approval for the entire project.
+ In cases of a change in project location, the Department of Finance or the Management Board of industrial parks (IPs), export processing zones (EPZs), high-tech zones (HTZs), or economic zones (EZs) where the project is relocated shall be competent to issue, adjust, or revoke the Investment Registration Certificate.
3. Reduction in the number of application dossiers and shortening of investment licensing timelines
Regarding the number of dossiers: for all licensing procedures such as approval of investment policy, adjustment of investment project, investor approval, Decree 239 only requires 01 original set of documents accompanied by an electronic copy digitally signed in accordance with legal regulations.
Compared to the requirement under Decree 31, which stipulated 4 to 8 original sets, this new regulation facilitates the process and helps investors reduce administrative costs.
In addition, Decree 239 also provides for shortened timeframes for reviewing and processing investment licensing dossiers, as follows:
Type of Procedure | Timeline under Decree 31 | Timeline under Decree 239 |
---|---|---|
Issuance of Investment Registration Certificate | 15 days | 10 days |
Adjustment of investment project under Prime Minister’s authority | Maximum 35 days + 8 working days | Maximum 28 days |
Adjustment of investment project under authority of provincial-level People’s Committee | Maximum 25 days + 10 working days | Maximum 19 days |
Adjustment of investment project under authority of IP, EPZ, HTZ, EZ Management Board | Maximum 25 days + 3 working days | Maximum 19 days |
Extension of investment project operational duration | Maximum 15 days + 6 working days | Maximum 19 days |
Decree 239 takes effect from the date of promulgation./.
Comment: