PROCEDURES FOR ADJUSTING INVESTMENT REGISTRATION CERTIFICATE AND DECISION ON INVESTMENT GUIDELINES

PROCEDURES FOR ADJUSTING INVESTMENT REGISTRATION CERTIFICATE AND DECISION ON INVESTMENT GUIDELINES

There might be various instances where an investment project needs to be adjusted during its implementation. This adjustment is determined by the scope of the project and the investment registration certificate or the investment guidelines. Thus, what is the adjusting procedure? HTC Vietnam Law firm will assist investors in answering this matter in the article below.

I. Legal basis

- Investment Law 2014

- Decree 118/2015 / ND - CP

II. Scope of consultation

* Dossier of adjustment of investment project

- A written request for permission for project adjustments;

- A report on the project’s progress up to the time of adjustment;

- The investor’s decision on project adjustment;

- Explanation or documents related to the changes specified in the Law (if any).

* Procedures for adjusting Investment Registration Certificates of investment projects that are not required to have decisions on investment guidelines

- In case of a change to the investment project’s name, investor’s address, or investor’s name, the investor shall submit an application for adjustments to the investment project to the investment registration authority together with documents about such changes.

The investment registration authority shall adjust the Investment Registration Certificate within 03 working days from the day on which the application for adjustment is received.

- In case of a change in the investment project’s location, land area, targets, scale, capital, capital contribution schedule or capital raising schedule, operating duration, execution schedule, investment incentives, investment assistance (if any) and conditions to be fulfilled by the investor, the investor shall submit an application to the investment registration authority.

Within 10 working days from the receipt of the valid application, the investment registration authority shall adjust the Investment Registration Certificate.

* Procedures for adjusting Investment Registration Certificates of investment projects whose decisions on investment guidelines are issued by the People’s Committees of provinces

In case of a change in the investment project’s target, location, primary technology, increase or decrease in capital by over 10% that changes the project’s target, scale, and capacity; execution period, or conditions to be fulfilled by the investor (if any), the investor shall follow procedures for adjusting the Investment Registration Certificate as follows:

- The investor shall submit 04 sets of application specified in Clause 2 Article 33 of this Decree to the investment registration authority;

- Within 03 working days from the receipt of the valid application, the investment registration authority shall send the application to relevant authorities to receive comments about the adjustments;

- Within 10 working days from the day on which the request of the investment registration authority is received, the authorities mentioned in Point b of this Clause shall make comments about the issues under their management;

- Within 05 days from the receipt of the comments from the authorities mentioned in Point c of this Clause, the investment registration authority shall make and submit a review report to the People’s Committee of the province;

- Within 05 working days from the receipt of review report from the investment registration authority, the People’s Committee of the province shall issue the decision on adjustments to investment guidelines and send it to the investment registration authority;

- According to the decision on adjustments to investment guidelines for the People’s Committee of the province, the investment registration authority shall adjust the Investment Registration Certificate within 03 working days from the day on which the decision is received.

* Procedures for adjusting Investment Registration Certificates of investment projects whose decisions on investment guidelines are issued by the Prime Minister

- The investor shall submit 08 sets of application specified in Clause 2 Article 33 of this Decree to the investment registration authority;

- Within 03 working days from the receipt of the valid application as set out in Point a of this Clause, the investment registration authority shall send 02 sets of the application to the Ministry of Planning and Investment and one set to each relevant competent authority to receive comments about the issues specified in Clause 3 Article 30 of this Article;

- Within 20 days from the receipt of the valid application as set out in Point a of this Clause, the investment registration authority shall request the People’s Committee of the province to consider and send comments about the issues specified in Clause 5 Article 31 of this Decree to the Ministry of Planning and Investment;

- Within 15 days from the receipt of the comments from the People’s Committee of the province as set out in Point d of this Clause, the Ministry of Planning and Investment shall make and submit a review report to the Prime Minister for issuance of a decision on adjustments to investment guidelines;

- Within 07 working days the receipt of the review report, the Ministry of Planning and Investment and the Prime Minister shall consider issuing a decision on adjustments to investment guidelines. The decision on adjustments to investment guidelines shall be sent to the Ministry of Planning and Investment, the People’s Committee of the province, and the investment registration authority;

- Within 05 working days from the receipt of the decision on adjustments to investment guidelines, the investment registration authority shall adjust the Investment Registration Certificate.

The above HTC’s are our consultation on the investment procedures for investment in the form of capital contribution or purchase of shares or stakes. HTC Vietnam Law Firm is honored to accompany clients in resolving all legal issues. Please contact us for the best consulting services.

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For more details, please contact:

HTC Vietnam Law Firm

Address: 15th Floor, Multipurpose Building, 169 Nguyen Ngoc Vu, Trung Hoa Ward, Cau Giay District, Hanoi.

Tel: 0989.386.729; Email: [email protected]

Website: https://htc-law.com; https://luatsuchoban.vn

Translator: Pham Nguyen Nhat Linh