Adjusting the information on an Investment Registration Certificate is a crucial legal process that investors must understand to ensure the legality and effectiveness of their investment projects. Below is a detailed guide provided by DNP Vietnam Law Firm, outlining the steps and legal basis for this process.
Related article links: https://www.dnp-law.com/investment-registration-certificate-adjustment-in-vietnam-process-and-required-documents/
Step 1: Identify the Cases for Adjustment
Investors must clearly identify the reasons and cases that require adjustments to their Investment Registration Certificate. The adjustment is necessary when changes in the project impact the content of the certificate. For example, changes in charter capital or project investment capital may require adjustment. Investors must provide financial documents proving their capacity, such as:
– Financial statements from the last two years,
– A financial support commitment from the parent company,
– A guarantee of financial capacity from a financial institution,
– Any other document proving financial capability.
Step 2: Prepare the Documentation
Investors must prepare a complete set of documents to submit to the relevant authorities. For instance, if the project location or land usage area changes, the following documents must be provided:
– Firstly, a land or office lease agreement confirming the new project location,
– Secondly, the landlord’s land use right certificate or the investor’s equivalent legal document,
– Finally, if leasing from another business, the lessor must provide their enterprise registration certificate proving their real estate business function.
Step 3: Submit the Documents
Option 1: Direct Submission
After preparing the documents, investors can submit them in hard copy to the authority that issued the original Investment Registration Certificate. For projects requiring investment policy approval, the investor must obtain an amended decision before submitting the application.
Option 2: Online Submission
Investors can also submit their documents online, following the requirements outlined in Articles 39 and 40 of Decree 31/2021. Key conditions for online submissions include:
– All documents must be in electronic format, named according to their content.
– The information provided online must match the hard copy submission, authenticated by a digital signature or compared with the hard copies.
Step 4: Document Review
The investment registration authority will review the submitted documents, check for completeness, and request any necessary amendments or additions. The review timeline depends on the type of adjustment:
– For changes to the project name or investor’s name, the process takes up to 3 business days from the date of receipt.
– For other adjustments, the process takes up to 10 business days from the receipt of valid documents.
Step 5: Receive the Updated Certificate
Once the documents are reviewed and approved, the investment registration authority will issue an updated Investment Registration Certificate to the investor.
Important Note: After receiving the adjusted certificate, the investor must also update the relevant changes (reflected on the Investment Registration Certificate) on the Enterprise Registration Certificate.
However, the above information is for reference only and is provided by our company. For more details, please contact the information below for detailed advice:
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