Extension of Investment License for FDI Enterprises in Vietnam: Latest Conditions and Procedures

As the expiration date of the Investment Registration Certificate (or business license) approaches, many FDI enterprises in Vietnam are uncertain about whether they can extend their licenses, what the procedures entail, and what preparations are necessary to avoid disruption of business operations. The following article has been updated in accordance with the Law on Investment 2020, Decree No. 31/2021/ND-CP, and Decree No. 239/2025/ND-CP.

1. When do FDI enterprises need to extend their investment license?

In Vietnam, investment licenses for FDI enterprises are typically issued with a limited term, depending on the investment location, industry, and scale of the project. According to current regulations, the maximum duration is 50 years, and in special cases, it may be extended up to 70 years.

When the project nears the end of this period, the enterprise must carry out extension procedures if it wishes to continue legal operations.

2. Conditions for extension under the latest regulations

Eligible projects:

The project must not fall under the list of prohibited extensions, such as projects using outdated technology, causing environmental pollution, or those that are subject to compulsory asset transfer to the Vietnamese Government or Vietnamese partners without compensation.

Legal compliance:

The enterprise must have fully complied with obligations related to reporting, taxation, environment, labor, and others as stipulated in its existing Investment Registration Certificate.

Alignment with planning:

The extended project must conform to the local master planning, sectoral planning, and land-use planning in Vietnam.

Financial capacity:

The enterprise or investor must demonstrate sufficient financial resources to continue implementing the project (e.g., audited financial statements, letters of financial support, bank guarantees).

Application timeline:

According to Decree 31/2021/ND-CP, for projects using land, the extension application must be submitted at least six (06) months before the expiry of the project's operating term.

3. Required documents for extension

  • Written request for project term extension

  • Investment Registration Certificate (original or certified copy)

  • Enterprise Registration Certificate (if applicable)

  • Audited financial statements of the last two years or financial support commitment

  • Report on the project’s implementation status, and compliance with tax, environmental, and other obligations

  • Land-related documents (land lease agreement, land allocation decision, etc.)

  • Other documents depending on the business sector

4. Procedure for extension

Step 1: Prepare application

The enterprise drafts and verifies the application to ensure completeness and validity.

Step 2: Submit the application

Submit to the Department of Planning and Investment (DPI) or Management Boards of High-Tech Zones/Industrial Parks, depending on the project's location.

Step 3: Appraisal and consultation

Relevant authorities (planning, environment, construction, etc.) review the application and provide opinions if required.

Step 4: Decision on extension

Upon meeting all conditions, the competent authority will issue a decision approving the extension.

Processing timeline under Decree 239/2025/ND-CP:

  • Send for opinion: within 03 working days

  • Receive feedback from specialized agencies: within 07–10 working days

  • Appraisal by the competent agency: within 15 working days

  • Decision issued: within 03 working days from receipt of appraisal report

5. Important notes

  • Enterprises should apply early (at least 6 months before expiry) to avoid being classified as having expired operations

  • Contracts such as land lease, remittances, or loans may be affected if the project expires without an approved extension

  • Enterprises that fail to follow proper extension procedures may have their Investment Registration Certificate revoked

6. Conclusion

Extending the duration of an investment project is a vital procedure that allows FDI enterprises to continue operating legally in Vietnam without regulatory interruptions. However, this process requires a clear understanding of legal conditions, proper document preparation, and timely submission.

If your company needs to extend its investment license, it is advisable to plan ahead and consult experienced legal professionals to avoid unnecessary risks.

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