Procedures for adjusting investment registration certificates of investment projects that are not required to have decisions on investment guidelines

I.  Subject implementing the procedure

Investors (individuals and organizations carrying out investment and business activities) shall carry out procedures for adjusting the Investment Registration Certificate in case the adjustment of the investment project changes one of the contents. in the Investment Registration Certificate as follows:  

1.  Adjusting the investment project’s name; investors’ name;

2.  Adjusting the investor;

3.  Adjusting the Investment project’s location, area of land;

4.  Adjusting the project’s target, scale;

5.  Adjusting capital investment in the investment project (including the investor's contributed capital and raised capital);

6.  Adjusting the duration of the investment project;

7.  Adjusting the project execution schedule, including:

a)  Capital contribution and capital raising schedule;

b)  Schedule of achievement of primary operational objectives of the investment project; execution schedule of each stage (if the project is divided into multiple stages);

8.  Investment incentives or investment support, and bases or conditions for application thereof (if any).

9.  Conditions applied to the investor executing the investment project (if any).

II.  Records for the procedure

-   In case the adjustment of an investment project involves the change of the name of the investment project or the name of the investor in the Investment Registration Certificate, the investor shall submit a written request for adjustment of the investment project to the Authority the investment registration authority, enclosed with documents related to the change of the name of the investment project, the name of the investor.

-   In case of adjustment of an investment project that does not fall into the above cases, the investor needs to prepare a dossier including:

1.  An application form for adjustment of the investment project;

2.  A report on investment project’s progress by the time of adjustment;

3.  The investor’s decision on investment project adjustment if the investor is an organization;

4.  Explanation or documents relating to the adjustment of the contents specified in Points b, c, d, dd, e, g and h Clause 1 Article 33 of the Law on Investment 2020 (if any):

-   A document about the investor’s legal status;

-   Document(s) proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;

-   Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, proposal for investment incentives, impact and socio – economic efficiency of the project and preliminary assessment of environmental impact (if any) in accordance with regulations of law on environmental protection.

-   If the law on construction requires formulation of a pre-feasibility study report, the investor is entitled to submit the pre-feasibility study report instead of a proposal for the investment project;

-   If the project does not require the State to allocate or lease out land or to permit land repurposing, a copy of the document regarding the land use rights or other document identifying the right to use the location for execution of the investment project is required to be submitted;

-   Contents of the explanation for the technology to be used in the investment project if the project requires appraisal and collection of opinions on the technology in accordance with the Law on Technology Transfer;

-   The business cooperation contract if the investment project is executed under a business cooperation contract;

-   Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor in accordance with regulations of law (if any).

III.  Legal basis

1.  Law on Investment No. 61/2020/QH14 on 17 June 2020;

2.  Decree No. 31/2021/ND-CP on 26 March 2021 detailing and guiding the implementation of a number of articles of the Investment Law;

3.  Circular No. 03/2021/ND-CP on 09 April 2021 prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities.