PRODURES FOR CHANGING CONTENT OF THE LASTEST INVESTMENT CERTIFICATE IN 2023

Investment registration certificate is a document recording the investor's registered information about an investment project. When implementing an investment project or establishing a foreign-owned company, foreign investors are required to have an Investment Registration Certificate. This is to help the State manage operations as well as foreign investment capital in Vietnam. However, during the implementation of an investment project, due to many reasons, investors carry out procedures to change the content of the investment certificate. So how is the change in the content of the investment certificate carried out? With a team of experienced professionals and lawyers, Doanh Tri Law will answer your questions through the article Procedures for changing the content of the latest Investment Certificate in 2023 below.

1. Legal grounds

- Law on Investment in 2020;

- Decree No. 31/2021/ND-CP of the Government providing guidelines for the Investment Law 2020.

2. Cases in which the procedures for changing the contents of the investment certificate must be carried out

According to the provisions of the Investment Law, "The investor shall carry out the procedures for adjusting the Investment Registration Certificate in case the adjustment of the investment project changes the contents of the Investment Registration Certificate". Article 40 of the Investment Law 2020, the change of the content of the investment certificate includes the following changes:

- Name of the investment project;

- Investors;

- Code of investment project;

- Location of the investment project, area of ​​land to be used;

- Objectives and scale of the investment project;

- Investment capital of the investment project (including contributed capital of the investor and mobilized capital);

- Operational duration of the investment project;

- 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.

- Forms of investment incentives, support and application grounds and conditions (if any);

- Conditions for investors implementing investment projects (if any).

3. Conditions for carrying out the procedures for adjusting the contents of the investment registration certificate

- Condition 1: The project has been granted an investment registration certificate. If the project is subject to approval of investment capital contribution, it must have the approval of investment policy from the National Assembly, the Government or the provincial People's Committee depending on each project.

- Condition 2: There is content to change the actual information on the investment registration certificate and must be the changes of the information on the investment registration certificate.

- Condition 3: There are documents proving that the change is legal.

- Condition 4: Having the complete application file as prescribed to carry out the procedures for changing the investment registration certificate. The content of the profile entries must be accurate and in accordance with regulations.

4. Dossier and order of carrying out procedures for changing the contents of the investment registration certificate.

4.1. In case of change of name of investment project, investor's address or change of investor's name

The investor shall submit a written request for adjustment of the investment project to the Investment Registration Authority, enclosed with documents related to the change of name, address of the investor or the name of the investment project.

The investment registration authority shall amend the Investment Registration Certificate for the investor within 03 working days from the date of receipt of the written request for adjustment of the Investment Registration Certificate.

4.2. In case of change of location for implementation of investment project, land area to be used; objectives and scale of investment projects; investment capital of the project, progress of capital contribution and mobilization of capital sources; operational duration of the project; investment project implementation progress; investment incentives and support (if any) and conditions for investors implementing investment projects (if any).

The investor shall submit 01 application to the Investment Registration Authority, including:

- A written request for adjustment of the investment project;

- Report on the implementation of investment projects up to the time of adjustment;

- Investor's decision on adjustment of investment project;

- Explain or provide documents related to the adjustment of the investment certificate

Within 10 working days from the date of receipt of a valid application as prescribed in Clause 2 of this Article, the Investment Registration Authority shall amend the Investment Registration Certificate for the investor.

4.3. Procedures for changing investor for an investment project operating under the Investment Registration Certificate and not subject to an investment policy decision

The investor transferring an investment project shall submit 01 application to the Investment Registration Authority, including:

- A written request for adjustment of the investment project; report on the implementation of the investment project up to the time of the transfer of the investment project;

- Investment project transfer contract or other document with equivalent legal value;

- A copy of the identity card, identity card or passport for the investor being an individual;

- A copy of the Certificate of Business Registration or another document of equivalent legal validity, for the investor being the transferee's organization;

- A copy of the investment registration certificate or the written decision on investment policies (if any);

- A copy of the BCC contract for investment projects in the form of a BCC contract;

- A copy of one of the following documents of the investor receiving the transfer of the investment project: the investor's financial statement for the last 2 years, the parent company's commitment to financial support, the commitment to financial support; main financial institution, guarantee on the financial capacity of the investor, documents explaining the financial capacity of the investor;

The investment registration agency shall consider the investment project transfer conditions in accordance with the Law on Investment to amend the Investment Registration Certificate within 10 working days from the date of receipt of a valid dossier according to the provisions of the Law on Investment.

4.4. Procedures for changing investors for investment projects operating under the Investment Registration Certificate and subject to the decision on investment policies of the People's Committee of the province

- Investors transferring investment projects shall submit 04 sets of dossiers as prescribed to the Investment Registration Authority.

- Within 03 working days from the date of receipt of the valid dossier as prescribed, the investment registration agency shall send the dossier to the competent state agency for opinions on the conditions for project transfer. investment projects specified in the Law on Investment.

- Within 10 working days from the date of receiving the investment registration agency's request, the consulted agencies shall give opinions on the transfer conditions under their management.

- Within 20 days from the day on which the valid application is received, the investment registration agency shall make a report on the satisfaction of the conditions for project transfer in accordance with the Law on Investment and submit it to the People's Committee of the province.

- Within 05 working days from the date of receiving the report from the Investment Registration Authority, the People's Committee of the province shall consider and decide to adjust the investment policy.

- Within 03 working days from the date of receipt of the decision on adjustment of investment policies, the Investment Registration Authority shall adjust the contents of the Investment Registration Certificate for the investor receiving the project transfer. investment.

4.5. Procedures for changing investors for investment projects operating under the Investment Registration Certificate and subject to the Prime Minister's decision on investment policies

- Investors transferring investment projects shall submit 08 sets of dossiers to the Investment Registration Authority.

- Within 03 working days from the date of receipt of the valid dossier as prescribed, the investment registration agency shall send the dossier to the competent state agency for opinions on the conditions for project transfer. investment projects specified in the Law on Investment.

- Within 10 working days from the date of receiving the investment registration agency's request, the consulted agencies shall give opinions on the transfer conditions under their management.

- Within 25 days from the day on which the valid application is received, the investment registration authority shall submit it to the People's Committee of the province for consideration and comments to the Ministry of Planning and Investment on the content of regulations. in Investment Law.

- Within 10 working days from the date of receipt of opinions from the People's Committee of the province, the Ministry of Planning and Investment shall prepare an appraisal report on the conditions for transferring investment projects as prescribed in the Law on Investment. .

- Within 07 working days after receiving the appraisal report from the Ministry of Planning and Investment, the Prime Minister shall consider and decide to adjust the investment policy. The written decision on adjustment of investment policy shall be sent to the Ministry of Planning and Investment, the People's Committee of the province and the investment registration agency.

- Within 05 working days from the date of receipt of the decision on adjustment of investment policies, the Investment Registration Authority shall amend the Investment Registration Certificate for the investor receiving the transfer of the investment project. .

4.6. Change of relevant content on the Certificate of Business Registration

In case the change of contents of the Investment Certificate changes relevant information in the Certificate of Business Registration, the investor must carry out procedures for changing the enterprise registration in accordance with the provisions of the Enterprise Law 2020.

The above information is about the “Procedures for changing contents of the latest Investment Certificate in 2023”. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:

Hotline: (+84) 911.233.955 - (024) 6293 8326

Email: [email protected]

Doanh Tri Law Firm is pleased to accompany our Customers!