Procedures for adjusting the Overseas Investment Registration Certificate

1. Legal basis:

• Law on Investment 2020;
• Decree 31/2021/ND-CP guiding the Law on Investment 2020;
• Decree 122/2021/ND-CP regulating administrative sanctions in the field of planning and investment;
• Circular 03/2021/TT-BKHĐT stipulating forms of documents and reports related to investment activities in Vietnam, investment from Vietnam to foreign countries and investment promotion (amended and supplemented by Circular 25/2023/TT-BKHĐT).

2. Cases of change in information of overseas investment projects requiring adjustment of the Overseas Investment Registration Certificate include:

• Change of Vietnamese investors;
• Change of investment form;
• Change of overseas investment capital; Investment capital sources, investment capital forms;
• Change the location of investment activities for investment projects requiring an investment location;
• Change the main objective of investment activities abroad;
• Use overseas investment profits to continue contributing capital for investment abroad in case of insufficient capital contribution as registered; or increase overseas investment capital;

3. Cases of change in overseas investment project information that do not require adjustment to the Overseas Investment Registration Certificate include:

• Name of investment project, name of overseas economic organization (if any).
• Progress of overseas investment activities.
• Location of investment project implementation for investment projects that do not require an investment location.

For changes in overseas investment project information that do not require adjustment to the Overseas Investment Registration Certificate, the Investor shall update on the National Investment Information System within 01 month from the date of change.

4. Some other regulations:

• For investment projects subject to approval of overseas investment policy, when adjusting the contents specified in Section 2 above and Clause 8, Article 57 of the Investment Law, the Ministry of Planning and Investment shall carry out the procedures for approving the adjustment of overseas investment policy before adjusting the Overseas Investment Registration Certificate.
• In case the request for adjustment of the Overseas Investment Registration Certificate results in the investment project being subject to approval of overseas investment policy, the procedures for approving the overseas investment policy must be carried out before adjusting the Overseas Investment Registration Certificate.
• Related administrative violations:
  • Failure to update the National Investment Information System with changes after 01 month from the time the overseas investment project has changes that are not subject to adjustment of the Overseas Investment Registration Certificate, the fine is from VND 20,000,000 to VND 30,000,000;
  • Failure to carry out procedures to adjust the Overseas Investment Registration Certificate in cases where the law requires adjustment, the fine is from VND 50,000,000 to VND 70,000,000.