According to the law, it is mandatory to carry out procedures for adjustment of investment certificates and related contents in the Enterprise Registration Certificate. So what are the cases of adjustment of Investment Registration  Certificates? Application for adjustment of investment certificate?

Link: Procedures for adjusting investment registration certificates in vinh phuc province

To answer these questions, Van Luat invites customers to refer to the following article.

1. What is the investment registration certificate?

An Investment Registration Certificate is a written or electronic document recognizing the investor’s registration information on the investment project.  On the Investment Registration Certificate, the following contents: Name of the investment project; Investors; Investment project number; Location of investment project practice, land use gap; Objectives and scale of investment projects; Investment capital of investment projects (including investor contributions and mobilized capital); Duration of operation of investment projects; Progress of investment project practice, including; Forms of incentives, investment support and grounds and conditions for application (if any); Conditions for investors to practice investment projects (if any). When with the above changes, the investor must make the procedure for changing the investment registration certificate on top of the competent state agency and this is the procedure for adjusting the investment certificate.

In what cases should the procedure be carried out to adjust the investment registration certificate?

Examples of investors being forced to adjust investment certificates: Similar to changing business registration, investors when changing notices such as project size, capital, goals … Adjustment of investment certificates is required. Here are some of the investors himself is forced to carry out procedures for adjusting the investment certificate;

2. Cases of adjustment of investment certificates

According to the provisions of the Law on Investment, it is very clear: “The investor shall carry out procedures for adjusting the Investment Registration Certificate in case the adjustment of the investment project changes the content of the Investment Registration Certificate“. The contents of the certificate as mentioned above include:

1. Investment project name.

2. Investors.

3. Investment project code.

4. Location of the investment project and land area for use.

5. Objectives and scale of investment projects.

6. Investment capital of investment projects (including investor contributions and mobilized capital).

7. Duration of operation of investment projects.

8. Progress of investment projects, including:

●      a) The progress of capital contribution and mobilization of capital sources;

●      b) The progress of the implementation of the main operational objectives of the investment project, in case the investment project is divided into each phase, it must specify the progress of each phase.

9. Forms of investment incentives and support and grounds and conditions applicable (if any).

10. Conditions for investors to implement investment projects (if any).

Cases of adjustment of Investment Registration Certificate
Cases of adjustment of Investment Registration Certificate

3. Cases where investment certificates are not required

●      Investment projects vary in size, investment capital is less than VND15 billion in Vietnam and is not in the conditional investment sector.

●      Investment projects subject to verification are subject to verification in the cases.

Projects with foreign investment capital after adjustments are subject to verification for granting investment certificates.

Investment projects in Vietnam after adjustments in the conditional investment sector, except for projects subject to verification for issuance of investment certificates.

Decree No. 118/2015/ND-CP guiding the implementation of a number of articles in the Law on Investment, Circular No. 16/2015/TT-BKHDT stipulates the form in the procedure for adjusting investment certificates.

4. What documents do you need to adjust investment certificates?

Once we are aware of the cases of adjustment of investment registration certificates, below we will guide customers on how to prepare documents and documents when complying with regulations for customers to implement. The request includes:

– A written request for adjustment of the Investment Certificate according to the provisions;
– Decisions on adjustment of notices of investors’ investment projects;
– Basic information about Copies of id cards/id cards for investors who are individuals and companies that distribute copies of birth certificates or other equivalent documents recognizing legal methods for investors;
For legal representatives of enterprises, they must produce copies of passports plus assistance cards or temporary residence certificates as prescribed in the Law on Residence;
– Documents proving financial and mandatory provision of copies of the latest 02-year financial statements of investors; documents explaining the financial capacity of investors; commit to the financial support of the parent supermarket; commitment to the financial aid of financial institutions; guarantee of the investor’s financial capacity;
– Investment project proposal includes the contents of investors implementing the project, scale, investment purpose, capital and capital mobilization plan, location, term, investment progress …
– Report on the implementation of investment projects to the time of requesting adjustment of investment projects;
– Investment report on the State notification system on investment.
Customers note that depending on the business wants to adjust, change what from the investment registration certificate has been issued from which the law will have different requirements in the file to be prepared.

For example, if the enterprise wants to change the headquarters, the dossier does not mention the cheek papers as above, it is required to fabricate information about notarized copies or certify the lease contract of the head office, papers proving the rental rights of the lessee;

Or carrying the example of an enterprise wishing to change investment capital, it is recommended to fabricate bank confirmation or documents proving the additional capital contribution; Bank confirmation for capital accounts proving that the company has contributed enough capital to the owner if in particular, the financial statements do not present the restaurant has contributed enough capital;

In case of change of information of investors or representatives of investors, they shall request the provision of notarized copies of certificates of new Business Registration Certificates, new passports, or written expressions of information to prove the change of information;

Link: Establishment of representative offices of foreign traders

5. Procedures for adjustment of investment certificates.

●  Step 1: Separate the Business Registration Certificate with the content of business registration on the old investment certificate. The Business Registration Certificate number is also a corporate tax code.
●  Step 2: Adjust the Investment Certificate according to the investment procedure.
●  Step 3: Post business registration information on the national business registration portal.
●  Step 4: Reissue the legal seal for the business.
●  Step 5: Post a report on the business legal seal.

Guidance on adjusting Investment Registration Certificates in accordance with law.

Note, investors may be fined 20-30 million VND if they do not adjust investment certificates in accordance with the law. After that, the investor must strictly follow the custom of adjusting the investment certificate as prescribed. For support and advice on issues related to business and investment, please contact the law consultant of Van Luat for free advice.

Above are some of our sharing of information related to the cases of adjustment of investment registration certificates and preparation dossiers when making adjustments as prescribed.
Customers refer to the article, ask what or need to quote using the service, please contact hotline: 0981378999 to be supported by Van Luat staff as soon as possible.

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