Opening a new factory in Vietnam as a foreign investor (FDI) means completing a chain of “sub-licenses” in the right order: investment certificate, enterprise registration, land, environment, fire safety, construction, labor, and tax. Missing or mis-sequencing one step can stall the entire project. The 9-step checklist below maps the full chain under instruments in force as of October 2026.
9-step sub-license checklist for a new FDI factory
| # | License / procedure | Legal basis | Issuing authority | Timing / deadline |
|---|---|---|---|---|
| 1 | Investment Registration Certificate (IRC) — for foreign-investor projects subject to IRC issuance | Law on Investment 143/2025/QH15 (Article 26); Decree 96/2026/ND-CP | Competent investment registration authority under the 2025 Law on Investment and Decree 96/2026 (verify competence after the two-tier government reorganization) | Per research: issued within 10 working days for projects not subject to investment policy approval (Article 39, Decree 96/2026) — verify against the full text before applying; some cases may establish the business organization first and complete the IRC within 12 months |
| 2 | Enterprise Registration Certificate (ERC) | Law on Enterprises 59/2020/QH14 (amended by Law 76/2025/QH15); Decree 168/2025/ND-CP (amended by Decree 296/2026/ND-CP) | Provincial business registration authority | Per research: resolved within 3 working days — verify against the full text; declare beneficial owner information (Law 76/2025) |
| 3 | Land: land allocation / lease; land use rights certificate; land rental payment | Land Law 31/2024/QH15; Decree 102/2024/ND-CP; Decree 103/2024/ND-CP (land use fees, land rentals) | Competent state authority under the 2024 Land Law (verify competence after the two-tier reorganization) | Complete before fire safety and construction procedures — a documentary prerequisite |
| 4 | Environment: environmental impact assessment (EIA) report where required; environmental license before official operation (Group I, II, III projects generating wastewater, dust, or emissions requiring treatment, or hazardous waste) | Law on Environmental Protection 72/2020/QH14 (Articles 30, 39); Decree 08/2022/ND-CP (amended by Decree 05/2025/ND-CP effective 6 January 2025 and Decree 48/2026/ND-CP effective 29 January 2026) | Competent authority under the LEP and Decree 08/2022 (verify by project group) | File for the environmental license after completing the whole project / waste-generating phase; the license is a condition before official operation |
| 5 | Fire safety: fire safety design appraisal for covered works (Article 17, Law 55/2024; Decree 105/2025; Appendix III); fire safety acceptance: the investor organizes acceptance itself and declares it on the Fire Safety Database before putting the work into operation | Law on Fire Prevention, Fighting and Rescue 55/2024/QH15; Decree 105/2025/ND-CP amended by Decree 347/2026/ND-CP (promulgated 8 September 2026, effective 15 September 2026) | Police authority (design appraisal); declaration on the Fire Safety Database | From 1 July 2026, mandatory design verification for works subject to fire safety design appraisal (Article 26(5), 2025 Construction Law) — verify against the full text of Decree 347/2026 before citing |
| 6 | Construction: construction permit | Construction Law; Decree 175/2024/ND-CP (replacing Decree 15/2021/ND-CP) | Competent construction licensing authority under Decree 175/2024 (verify) | The permit dossier requires land / investment policy documents (Article 62, Decree 175/2024 — per research) |
| 7 | Sectoral conditions (if the manufacturing line is conditional): meet the conditional business-line list + sectoral licenses (security & order, food safety, chemicals…) | Varies by sector; ANTT: Decree 96/2016/ND-CP (amended by Decree 58/2026/ND-CP) | Corresponding sectoral authority | Before operation |
| 8 | Foreign labor: work permits | Decree 219/2025/ND-CP (replacing Decrees 152/2020/ND-CP and 70/2023/ND-CP) | Competent authority under Decree 219/2025 (verify) | Per research: issuance within a maximum of 10 working days; exemptions in Article 7 — verify against the full text |
| 9 | Tax and customs: tax registration; customs procedures for imported machinery and equipment | Law on Tax Administration 108/2025/QH15 (effective 1 July 2026 — number per watchlist, verify against the Official Gazette); customs: check the current instrument | Tax authority; customs authority | Per sectoral regulations |
Prerequisite relationships between steps
The logical sequence IRC → ERC → land → environment → fire safety → construction → operation is not arbitrary:
- The fire safety design appraisal dossier and the construction permit dossier both require land / investment policy documents (Form PC11, Decree 105/2025; Article 62, Decree 175/2024 — per research). Without land sorted, neither dossier can be filed.
- A factory may not commence operation without an environmental license and without fire safety acceptance. The environmental license is a condition before official operation, not a post-production formality.
Key 2026 changes to watch
- Abolition of the police’s fire-safety acceptance inspection: under Decree 347/2026/ND-CP (effective 15 September 2026), the investor organizes acceptance itself and declares it on the Fire Safety Database — instead of waiting for a police inspection as before. Investor responsibility is therefore heavier; keep complete acceptance records.
- Mandatory design verification for works subject to fire safety design appraisal from 1 July 2026 (Article 26(5), 2025 Construction Law).
- The 2025 Law on Investment + Decree 96/2026 replaced the entire old investment framework (Law 61/2020, Decree 31/2021…) — all IRC procedures from 1 March 2026 follow the new framework.
- Current Construction Law: research records the 135/2025/QH15 Construction Law (effective 1 July 2026, replacing the 2014 law), while some sources still cite Law 50/2014/QH13 — verify against vbpl.vn / the Official Gazette before applying.
Practical recommendations
- Build a reverse timeline from the target operation date: each license needs dossier preparation time plus resolution time; the EIA and fire safety appraisal are usually the longest steps.
- Do not commit to specific issuance timelines unless verified against the full text — the “working day” figures in the checklist above are flagged by verification level and must be rechecked before committing to investors.
- Each project may need additional sectoral licenses (chemicals, food safety, medical devices, vocational training…). For complex projects, review with legal counsel from the investment-project formulation stage.
- Customs procedures for imported machinery and equipment: instruments in this field change fast — check the current customs instrument before planning imports.
Frequently asked questions
Can an FDI factory operate without an environmental license?
No. The environmental license is a pre-condition for official operation for covered projects (Article 39, LEP 72/2020).
How has the fire safety acceptance procedure changed?
From 15 September 2026 (Decree 347/2026/ND-CP), the police inspection of acceptance work is abolished; the investor organizes acceptance itself and declares it on the Fire Safety Database before putting the work into operation.
Which investment law applies to new FDI projects?
The Law on Investment 143/2025/QH15 (effective 1 March 2026) and Decree 96/2026/ND-CP. The 2020 Law on Investment 61/2020 has been replaced.
Which instrument governs work permits for foreign experts?
Decree 219/2025/ND-CP (effective 7 August 2025) — replacing Decrees 152/2020/ND-CP and 70/2023/ND-CP.
Sources
- Law on Investment 143/2025/QH15 (effective 1 March 2026) + Decree 96/2026/ND-CP (effective 31 March 2026).
- Law on Enterprises 59/2020/QH14 (amended by Law 76/2025/QH15) + Decree 168/2025/ND-CP (amended by Decree 296/2026/ND-CP).
- Land Law 31/2024/QH15 + Decree 102/2024/ND-CP + Decree 103/2024/ND-CP.
- Law on Environmental Protection 72/2020/QH14 + Decree 08/2022/ND-CP (amended by Decrees 05/2025 and 48/2026).
- Law on Fire Prevention, Fighting and Rescue 55/2024/QH15 + Decree 105/2025/ND-CP (amended by Decree 347/2026/ND-CP, effective 15 September 2026).
- Decree 175/2024/ND-CP (replacing Decree 15/2021/ND-CP) — construction activity management.
- Decree 219/2025/ND-CP — foreign labor in Vietnam.
Contact us
Preparing an FDI factory project and need a detailed licensing roadmap — from IRC, land, and environment to fire safety and work permits? Contact FLAT Law Firm for comprehensive advice under current regulations.
Disclaimer: This article provides general legal information for reference only and does not substitute legal advice for your specific case. Legal instruments may be amended; always verify the version in force at the time of application or consult a lawyer.
Transparency note: This content was quality-reviewed (QA) by FLAT’s AI Legal Council under internal procedures and submitted for approval before publication; it has not been reviewed by a human lawyer.