Adjustment of Investment Certificate

According to the Investment Law 2014 effective since 01/07/2015, for FDI enterprises after established in accordance with Vietnam’s legal regulations and international treaties which Vietnam is a member demanding for revision of the Investment Certificate related to investor, enterprise information, information on investment project such as goals, scale, location, type, capital and term, the investor should fulfil procedures on revising the Investment Certificate and business registration certificate.

I. Dossiers for revising the Investment Certificate if no decision required

– Application for revision of the Investment Certificate;

– Report on investment project progress by time of revision application;

– Investor’s decision on investment project revision;

– Copy of ID Card or passport if investor is individual; copy of Establishment Certificate or equivalent certificate proving legality if investor is organization;

– Proposal of investment project includes following contents: project investor, investment goal, investment scale, capital and capital calling method, location, term, investment progress, labor demand, incentives, assessment on socio-economic achievements and impacts of the project;

– Copy of one of following documents: investor’s financial statements of 02 latest years; financial support commitment of the holding company; financial support commitment of the financial institution; guarantee on investor’s financial capability; presentation on investor’s financial capability;

– Proposal of land use demand; if not applying for land assignment, lease or change of land use purpose, copy of premises rental agreement or other document proving investor’s right to use the premises for the investment project is required;

– Presentation on technology used for the investment project if applying technologies named in the List of less-transferred technologies in accordance with legal regulations on technology transfer, including: technology name, origin, diagram; key technical data, status of machine, equipment and line.

Deadline for revision of the Investment Certificate if no decision required:

Within 10 days of receiving all dossiers, the investment registration agency will revise the Investment Certificate, in case of any refusal, the agency will notice in writing detailing reasons to the investor.

II. Dossiers for revision of the Investment Certificate if decision required

– For project requiring investment decision, when revising the investment project related to goal, location, technology, increase or decrease in capital by over 10% of total capital, term, change of investor or change of conditions applicable to investor (if any), the investment registration agency will apply procedures on investment decision before revising the Investment Certificate.

– If investor’s proposal on revision of Investment Certificate results in requirement of the investment decision, the investment registration agency will apply procedures on investment decision before revising the Investment Certificate.

1. Dossiers and procedures on revision of investment certificate requiring the investment decision of the provincial People’s Committee

Dossiers applying for the investment decision include:

– Proposal to carry out the investment project;

– Copy of ID Card or passport if investor is individual; copy of Establishment Certificate or equivalent certificate proving legality if investor is organization;

– Proposal of investment project includes following contents: project investor, investment goal, investment scale, capital and capital calling method, location, term, investment progress, labour demand, incentives, assessment on socio-economic achievements and impacts of the project;

– Copy of one of following documents: investor’s financial statements of 02 latest years; financial support commitment of the holding company; financial support commitment of the financial institution; guarantee on investor’s financial capability; presentation on investor’s financial capability;

– Proposal of land use demand; if not applying for land assignment, lease or change of land use purpose, copy of premises rental agreement or other document proving investor’s right to use the premises for the investment project is required;

– Presentation on technology used for the investment project if applying technologies named in the List of less-transferred technologies in accordance with legal regulations on technology transfer, including: technology name, origin, diagram; key technical data, status of machine, equipment and line;

– BCC contract for the BCC investment projects.

Investor submits dossiers applying for investment decision at the investment registration agency.

2. Dossiers and procedures on revision of investment certificate requiring the investment decision of the Prime Minister

Investor submits investment project dossiers to the investment registration agency where the investment project is carried out. Dossiers include:

– Document to carry out investment decision of the provincial People’s Committee

– Method of site clearance, immigration, resettlement (if any);

– Initial assessment on environment impact and solutions for environment protection;

– Assessment on socio-economic achievements and impacts of the investment project.

3. Dossiers and procedures on revision of investment certificate requiring the investment decision of the National Assembly

Investor submits investment project dossiers to the investment registration agency where the investment project is carried out. Dossiers include:

– Document to carry out investment decision of the provincial People’s Committee;

– Method of site clearance, immigration, resettlement (if any);

– Initial assessment on environment impact and solutions for environment protection;

– Assessment on socio-economic achievements and impacts of the project;

– Proposal of typical mechanism and policies (if any).