If you are wondering how to register to adjust an investment project, DHP LAW will answer this question through the following article:
Condition:
1/ Investment projects whose adjustment is related to the objectives, scale, location, form, capital and duration of the investment project.
2/ The adjusted investment projects do not fall into the following cases:
2.1/ Projects with an investment capital of less than 15 billion VND and not in the field of conditional investment.
2.2/ The project has an investment capital of less than 300 billion VND and does not change the investment target and location.
Procedures:
The adjustment of investment projects shall be carried out according to one of the following procedures: registration procedures for adjustment of investment projects or procedures for appraisal of investment projects.
1/ Procedures for registration of adjustment of investment projects :
- Cases of application : Projects that, after adjusting for objectives, scale, location, capital, form and duration, fall into one of the following cases:
- Foreign-invested projects that, after adjustment, have an investment capital of less than 300 billion VND and are not in the field of conditional investment.
- A domestic investment project which, after adjustment, is not in the field of conditional investment and such investment project is not in the case where the project is not registered for adjustment.
- Domestic investment projects in the field of conditional investment, which, after adjustment, do not change their objectives and still satisfy the investment conditions prescribed for such projects and investment projects. That investment is not part of an investment project that is not subject to registration for adjustment.
- Procedure order :
- Submit 1 set of dossiers to the investment certificate-issuing agency, including: written registration for certification of adjusted contents of the investment project; copy of Investment Certificate; an amended and supplemented copy of the joint venture contract or business cooperation contract or the enterprise’s charter (for foreign-invested projects).
- Within 15 working days from the date of receipt of complete and valid dossiers, the investment certificate-issuing agency shall issue a new or amend the investment certificate.
2/ Procedures for verification, adjustment and adjustment of investment projects :
- Application cases : Foreign-invested projects that, after adjusting for objectives, scale, location, capital, form, and duration, fall into one of the following cases:
- Projects with foreign investment capital after adjustment and such projects are subject to verification and issuance of investment certificates.
- Domestic investment projects which, after adjustment, are in the field of conditional investment and such projects are not subject to registration for adjustment of investment projects.
- Procedure order :
- To submit 1 set of dossiers to the investment certificate-issuing agency, including: a written request for adjustment of the investment project; explain the reasons for the adjustment; changes compared to the ongoing project; report on project implementation up to the time of project adjustment; copy of Investment Certificate; an amended and supplemented copy of the joint venture contract or business cooperation contract or the enterprise’s charter (for foreign-invested projects).
In case the adjusted investment project becomes a project under the approving competence of the Prime Minister but not in the planning or in the field of conditional investment but the investment conditions are not regulated by law. .
- Within 7 working days from the date of issuance of the adjusted investment certificate, the investment certificate-issuing agency shall send a copy of the adjusted investment certificate to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Trade, and the Ministry of Finance. Trade, Ministry of Natural Resources and Environment, State Bank of Vietnam, Ministry of Industry Management and relevant agencies
Steps to adjust the investment certificate
Step 1: Develop a work implementation plan
- Plan the contents of the work;
- List relevant necessary papers;
- Notice of service fee schedule and State fee;
Step 2: Agree to Sign Service Contract
Step 3: Do the job
- Check and evaluate the legality of the consulting requests and documents of the client
(i) On the basis of the requirements and documents provided by the client, our lawyers will analyze and evaluate the legality and suitability with the requirements to perform the work.
(ii) In case the client needs a lawyer to negotiate, meet and discuss with the client’s partner in changing the content of the investment license, we will arrange and ensure the participation in accordance with the law. request.
(iii) We represent clients to translate and notarize relevant documents ;
- Representative to carry out the following procedures:
(i) Completing the complete application for the change of the Investment License as required;
(ii) Submit application for change of Investment License;
(iii) Monitor the processing progress and notify the results of the submitted documents;
(iv) Receive investment certificate at the Department of Planning and Investment;
(v) Submit the application for registration of seal engraving and contact seal engraving for the Enterprise (if the adjustment results in the need to change the seal of the legal entity);
(vi) Receive a certificate of registration of seal specimen and Company Seal;
- Documents and information to be provided:
(i) Content of the request for change;
(ii) Investment Certificate (certified copy);
(iii) An amendment or supplement to the joint venture contract or business cooperation contract or the enterprise’s charter;
(iv) Report on the operation and financial statements of the enterprise up to the time of registration for adjustment.
For support and advice on Business, Investment, Intellectual Property, etc., in the best way, please contact us with the following information:
DHP LAW HANDS
Address: L4- 09.OT06 Landmark 4 Building Vinhomes Central Park, 720A Dien Bien Phu, Ward 22, Binh Thanh District, Ho Chi Minh City
