Tiếng Việt
Foreign enterprises need to understand the legal policies when there is a change in the contents related to the investment project. In which cases will have to make adjustments, issue and change the investment certificate. We would like to share the latest updates on regulations on procedures for changing investment certificates that foreign investors need to pay attention to.
Legal basis:
– Investment Law No. 61/2020/QH14 dated June 17, 2020;
– Decree No. 31/2021/ND-CP dated March 26, 2021 of the Government detailing and guiding the implementation of a number of articles of the Investment Law;
– Circular 03/2021/TT-BKHDT dated April 9, 2021 of the Ministry of Planning and Investment stipulating the form of documents and reports related to investment activities in Vietnam, investment from Vietnam to abroad and investment promotion
Cases in which the investment certificate must be renewed
During their investment process, investors must make regular reports to state management agencies on the progress of their investment projects. When there is an adjustment to the project’s contents compared with the original plan, the investor needs to carry out procedures for adjusting the Investment Certificate with the investment registration agency. This activity is aimed at helping the investment registration agency to inspect and supervise investment activities of foreign investors.
In 2023, the Investment Registration Certificate includes 10 contents specified in Article 40 of the Law on Investment 2020 specifically:
(1) Name of investment project.
(2) Investor.
(3) Investment project code.
(4) Location of the investment project, land use area.
(5) Objectives and scale of investment projects.
(6) Investment capital of the investment project (including contributed capital of the investor and mobilized capital).
(7) Operational duration of the investment project.
(8) Investment project implementation progress, including:
– Progress of capital contribution and mobilization of capital sources;
– The progress of the implementation of the main operational objectives of the investment project, in case the investment project is divided into phases, the progress of each stage must be specified.
(9) Investment incentives and support forms and bases and conditions for application (if any).
(10) Conditions for investors implementing investment projects (if any).
According to the provisions of Article 41 of the Investment Law 2020 on adjustment of investment projects as follows:
1. During the implementation of an investment project, the investor has the right to adjust the objectives, transfer part or the whole investment project, merge projects or divide or split a project into many projects. , use land use rights and assets on land belonging to investment projects to contribute capital to establish an enterprise, cooperate in business or other contents and must comply with the provisions of law.
2. The investor shall carry out procedures for adjustment of the Investment Registration Certificate in case the adjustment of the investment project changes the contents of the Investment Registration Certificate.
If an investor implements an investment project subject to a policy decision, it is necessary to simultaneously change the investment policy decision and the certificate if the changed contents are related to the objectives, location of investment, company main technology; increase or decrease the investment capital by more than 10% of the total investment capital, changing the objective, scale and capacity of the investment project; adjust the implementation duration of the investment project or change the conditions for investors (if any).
If the project only needs to carry out the registration procedure for an Investment Registration Certificate, the investor only needs to adjust the contents that he wants to change in accordance with the actual changes recorded on the Investment Registration Certificate. private.
Procedures for changing the Investment Certificate are carried out in the following order:
First, investors base on their changes to prepare documents in accordance with the provisions of law. Note, depending on the initial procedures investors need to carry out when coming to Vietnam to invest in order to carry out the corresponding adjustment procedures.
