Special Investment Procedure: A Fast “Green Lane” Licence for FDI Investors

As Vietnam accelerates investment attraction in high technology and semiconductors, the special investment procedure is one of the most significant reforms in investment law. It allows an investor to register for an Investment Registration Certificate within a very short time, instead of going through the ordinary in-principle investment approval. For foreign investors — particularly from Japan and Korea — this is a notable “green lane” when deploying projects in Vietnam.

Mục 01What is the special investment procedure?

The special investment procedure was added to the Investment Law as Article 36a by Law No. 57/2024/QH15 (the law amending the Planning Law, Investment Law, PPP Investment Law and Bidding Law), effective from 15 January 2025. It is detailed in Decree 19/2025/ND-CP dated 10 February 2025. Its core is a shift from “pre-audit” (appraisal before licensing) to “post-audit” (the investor registers, commits and takes responsibility; the authority inspects afterwards).

This mechanism is carried over into the 2025 Investment Law (Law No. 143/2025/QH15), effective from 1 March 2026, confirming the reform direction for priority projects.

Mục 02Which projects are eligible?

The special investment procedure applies to certain projects in priority areas and locations, notably:

• Projects in fields such as the semiconductor industry, high technology and other priority sectors as prescribed.
• Projects located in industrial parks, export-processing zones, hi-tech parks, economic zones and related functional zones.

An investor may choose the special investment procedure if the project meets the conditions, instead of the ordinary in-principle approval.

Mục 03Key advantage: shorter licensing time

The most attractive feature is the significantly shortened processing time. The Management Board (of the industrial park, export-processing zone, hi-tech park or economic zone) appraises the dossier and grants the Investment Registration Certificate within 15 days of receiving a valid dossier — a major step forward compared with the traditional in-principle approval, which can take many months.

The appraisal focuses on criteria such as the project’s fit with the sector and relevant planning, the investor’s legal status, land-use needs, implementation schedule, and the investor’s commitments.

Mục 04The trade-off: post-audit responsibility and commitments

The “post-audit” mechanism means the investor gains time savings but bears greater responsibility to ensure the project complies with conditions, standards and regulations on construction, fire prevention and fighting, environmental protection and related laws. The investor self-commits to meeting the conditions and is responsible for those commitments; the authority inspects and supervises after licensing.

Careful preparation of the commitment dossier and setting up an internal compliance mechanism from the outset are therefore key to avoiding sanctions during the post-audit.

Mục 05Notes for foreign investors

• Determine precisely whether the project falls within the eligible fields and locations before choosing this procedure.
• Prepare full and truthful commitments, as the investor bears responsibility in the post-audit phase.
• Set up a compliance system for construction, environment and fire safety ready for post-licensing inspection.
• Review the transitional provisions across Law No. 57/2024/QH15, Decree 19/2025/ND-CP and the 2025 Investment Law (effective 1 March 2026) to apply the correct legal framework at the time of filing.

Mục 06FAQ

How long does the special investment procedure take?

The Investment Registration Certificate under the special procedure is granted within 15 days of receiving a valid dossier.

Which projects does it apply to?

Certain priority projects such as semiconductors and high technology located in industrial parks, export-processing zones, hi-tech parks, economic zones and related functional zones.

Is the investor required to choose it?

No. It is the investor’s choice if the project qualifies; the investor may still use the ordinary in-principle approval.

What is the risk of “post-audit”?

The investor is licensed quickly but must self-commit and take responsibility for compliance; failing to meet conditions upon post-licensing inspection may lead to sanctions.

Mục 07HTIC by your side

The special investment procedure offers a chance to shorten time to market for FDI investors, but comes with post-audit responsibilities that must be managed carefully. HTIC Law Firm helps investors assess eligibility, prepare the registration dossier, build the commitment content and set up a compliance mechanism ready for post-audit. With experience serving Japanese and Korean investors, HTIC is ready to accompany businesses throughout project deployment.

Legal basis: Article 36a of the Investment Law (added by Law No. 57/2024/QH15, effective 15 January 2025); Decree 19/2025/ND-CP dated 10 February 2025; 2025 Investment Law (Law No. 143/2025/QH15, effective 1 March 2026).