1. Adjust investment certificates

According to Article 1.11 of the Law on Investment 2020:

An investment registration certificate (also known as an investment certificate) is a written document or electronic record of the investor’s registration information on the investment project.

Link: Cases of adjustment of Investment Registration Certificate

Adjustment of investment certificates means the implementation of procedures for organizations and individuals (who are investment project owners) to change the information on investment registration certificates issued by the competent agency under the law.

Characteristics of investment certificate adjustment activities:

  • Must be carried out by the legal owner of the investment project or the legally authorized person;
  • Submitted to a competent state agency;
  • The adjustment content must be true to the actual change, there is legal evidence to prove;
  • The adjustment of investment projects is not contrary to the legal provisions, not contrary to the planning and planning of the locality where the project is located.

2. Cases of adjustment of investment certificates

An investor shall follow procedures for adjusting the investment registration certificate in the following cases:

  • Change the investment project code;
  • Change the name, address, and information of the investor;
  • Change the name of the investment project;
  • Change of investor;
  • Change the location of the investment project, the area of land used in the investment project;
  • Change and transfer of investment projects;
  • Changes in objectives and scale of investment projects;
  • Change of contributed capital /contributed capital (including capital contributed by investors and capital mobilized from outside): capital increase, …;
  • Change the progress of contribution and capital mobilization of investment projects;
  • Change in the progress of investment projects: Progress of infrastructure construction, the progress of putting the project into operation; progress in the implementation of operational objectives; the main item of the project; in case the project is implemented in each phase, it must clearly specify the objectives, durations and operational contents in each phase;
  • Technological changes have been appraised and consulted during the approval process of the investor;
  • Investment incentives and supports (and grounds and conditions for application);

Note: According to Article 41.4 of the Law on Investment 2020, in case the investment project has been approved for the investment policy, the investor may not adjust the progress of the investment project more than 24 months compared to the schedule of implementation of the investment project specified in the written approval of the first investment policy, except for one of the following cases:

  • To remedy consequences in case of force majeure in accordance with civil law and land law;
  • Adjust the progress of the implementation of investment projects due to investors being slow to be allocated land or leased land by the State, allowing the transfer of land use purposes;
  • Adjust the progress of investment projects at the request of state management agencies or state agencies that are slow to carry out administrative procedures;
  • Adjustment of investment projects due to state agencies changing the planning;
  • Change of objectives specified in the written approval of investment policy; supplementing objectives subject to investment policy approval;
  • Increasing the total investment capital by 20% or more changes the size of the investment project.
Duration for adjustment of investment registration certificate
Duration for adjustment of investment registration certificate

3. Agencies for handling and handling

Under Article 39 of the Law on Investment 2020, the authority to adjust investment certificates is stipulated as follows:

  • For investment registration certificates of investment projects in industrial parks, export processing zones, high-tech parks, economic zones, the Management Board of industrial parks, export processing zones, high-tech parks, economic zones has the authority to adjust investment certificates
  • For investment signing certificates of investment projects outside industrial parks, export processing zones, high-tech parks, economic zones, the Department of Planning and Investment of provinces and cities has the authority to adjust investment certificates;

In addition, the competent authority adjusting the investment certificate is the investment registration agency where the investment project directly implements the investment project or plans to set up an office to shape the investment project for the following projects:

  • Investment projects implemented in 02 or more provinces;

For example, the investment project in the production of generator A, there are factories in industrial parks in both Nhì Duong and Nhì Phong provinces, but located head office (operating room) in Nhì Phong, the Management Board of Nhì Phong Industrial Park will have the right to issue and adjust the investment certificate of project A.

  • Investment projects are carried out in and out of industrial parks, export processing zones, high-tech parks, and economic zones.

For example, the investment project in the production of garments X, there is a factory in An Duong industrial park in An Duong district, Nhì Phong province, but there is a room office outside An Duong industrial park (Located in Nhì Phong city) to carry out the exchange,  Exporting goods, the competent authority to adjust the investment certificate of project X is the Department of Planning and Investment of Nhì Phong City.

  • Investment projects in industrial parks, export processing zones, high-tech parks, economic zones where management boards of industrial parks, export processing zones, export processing zones, high-tech zones, economic zones or not under the management of industrial parks, export processing zones, high-tech parks have not been established, economic zone.

For example, Project Y invests in the production of electrical energy equipment in the Industrial Park of Province A, which has not yet established an Industrial Park Management Board, the Department of Planning and Investment of Province A will have the authority to adjust the Investment Certificate of project Y.

4. Dossier of Adjustment of Investment Certificate

Number of applications: 01 set

The application for adjustment of investment certificates includes the following documents:

  • A written request for adjustment of investment projects;
  • Report on the implementation of investment projects up to the time of adjustment;
  • The investor’s decision on adjusting the investment project when adjusting to one of the following issues:
  • Location of the investment project; area of land used.
  • Objectives, the scale of investment projects.
  • Investment capital of the project (including capital contributed by investors and mobilized capital), the progress of capital contribution, and mobilization of capital sources.
  • The duration of the project.
  • Progress of investment project: basic construction progress and put the works into operation (if any); progress of implementation of operational objectives, the main items of the project, in case the project is implemented in each stage, must specify the objectives, durations, and operational contents of each phase.

Explaining or providing documents related to the adjustment of the contents of the investment certificate, the papers include:

  • Documents on the legal status of investors;
  • Documents proving the financial capacity of the investor include at least one of the following documents: the financial statements of the investor in the last 02 years; commitment to the financial support of the parent company; commitment to the financial support of financial institutions; guarantee of the investor’s financial capacity; other documents proving the financial capacity of the investor;
  • The proposal for adjustment of investment projects includes the following main contents: investor or form of investor selection, investment objectives, investment scale, investment capital and capital mobilization plan, location, duration, implementation schedule, information on the current status of land use at the project’s implementation site and proposal of land use needs (if yes), labor demand, proposals for investment incentives, impacts, socio-economic efficiency of the project, preliminary assessment of environmental impact (if any) by the law on environmental protection.
  • In case the law on development provides for the preparation of pre-feasibility study reports, investors may submit pre-feasibility study reports instead of investment project proposals;
  • In case the investment project does not request the State to assign land, lease land, allow the transfer of land use purposes, it shall submit a copy of papers on land use rights or other documents determining the right to use the place for the implementation of the investment project;
  • Contents of explanation of the technology used in investment projects for projects subject to appraisal and opinions on technology under the law on technology transfer;
  • BCC contracts for investment projects in the form of BCC contracts;
  • Other documents related to investment projects, requirements on the conditions, and capacity of investors by law (if any).

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

5. Procedures and order of adjustment of investment certificates

Steps to adjust investment certificates:

  • Step 1: Before carrying out the procedure for adjusting the Investment Registration Certificate, the investor declares trực tuyến information about the investment project on the National Information System on foreign investment.
  • Step 2: Within 15 days from the date of declaration of trực tuyến dossiers, investors shall submit their investment registration dossiers to the Investment Registration Authority.
  • Step 3: After the Investment Registration Agency receives the dossier, the investor is granted an account to access the National Information System on foreign investment to monitor the situation of processing the dossier.
  • Step 4: The investment registration agency uses the National Information System on foreign investment to receive, process, and return the results of investment registration dossiers, update the situation of processing dossiers.
  • Step 5: Change the relevant content on the Business Registration Certificate and Post business registration information on the National Business Registration Portal.

In case the adjustment of the Investment Certificate changes the relevant information in the Enterprise Registration Certificate, the investor must carry out procedures for changing the enterprise registration by the Enterprise Law 2020.

Note when adjusting investment registration certificates:

  • In case the investor’s proposal on adjusting the contents of the Investment Registration Certificate leads to the investment project being subject to an investment policy decision, the investment registration agency shall carry out procedures for deciding the investment policy before adjusting the Investment Registration Certificate.
  • For enterprises that have not yet carried out procedures for separating the enterprise registration certificate, they must separate the investment certificate into the investment registration certificate and the enterprise registration certificate and reissue the new seal as prescribed;
  • For newly adjusted business lines, conditional business lines are requested to ensure the conditions in the course of operation.

6. Investment Certificate Adjustment Service at Van Luat Company

Van Luat is a company specializing in providing investment certificate adjustment services. The order of Van Luat is as follows:

  • Collect information from clients to conduct detailed and specific consultations;
  • Guide customers to prepare basic documents and information so that Van Quyet can carry out procedures;
  • Van Quyen shall carry out procedures when sufficient customer records have been received;
  • Advising clients but what to keep in mind when carrying out procedures;
  • Hand over the results.

Here’s some information about the Investment Certificate Adjustment Service. To protect their legitimate rights and interests, the parties need to carefully understand the legal provisions and procedures for implementing the above procedures.

7. Frequently asked questions ki make adjustments to investment certificates

How long does it take to adjust your investment certificate?

According to the Investment Law 2020, the time for adjusting the investment certificate will be within 10-25 days (in case of submitting a full valid dossier to a competent state agency)

What is the cost of adjusting the investment certificate?

  • No charges.
  • In case of registration through the public-utility postal service, the service charge for receiving and sending dossiers, returning the results of settlement of administrative procedures

What should be paid attention to when making adjustments to the Investment Registration Certificate?

Depending on the specific regulations of each province and according to the adjustment content of the investment certificate, the type of documents to be provided may change (more than the above regulations);

In case the content of the adjustment of the investment certificate requires approval from many other agencies at the same administrative level, the investor must submit additional copies of the dossier for those agencies to approve the dossier.

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