When an investment project needs expansion, adjusting the Investment Certificate is a crucial step to ensure legality and compliance with legal regulations. Below, DNP Viet Nam Law Firm will provide detailed guidance on this adjustment procedure for your Enterprise:
1. What is an expansion project?
An expanded investment project is an investment project that develops an existing operating investment project by expanding its scale, increasing capacity, renovating technology, reducing pollution, or improving the environment. This project is formed based on an already active project and is not an independent, separate project.
2. Competent authorities for adjusting the Investment Certificate for expansion projects
According to Clause 2 and Clause 3, Article 34 of Decree 31/2021/ND-CP, the competent authorities for adjusting the Investment Certificate for expansion projects include:
- Management Boards: Adjust Investment Registration Certificates for projects inside industrial parks, export processing zones, high-tech parks, and economic zones.
- Departments of Planning and Investment: Adjust Investment Registration Certificates for projects outside these zones.
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3. Procedures for adjusting the Investment Registration Certificate
According to Article 36 of Decree 31/2021/ND-CP, the procedures for adjusting the Investment Registration Certificate are as follows:
- Firstly, Submission of dossier: The investor submits a complete dossier for each information change. The dossier is submitted directly to the Investment Registration Division (Department of Planning and Investment) at the head office or project location.
- Secondly, Processing time: The investment registration authority examines the dossier. They issue a new Investment Registration Certificate within 15 working days of receiving a complete dossier.
- The last, Receiving results: The investor checks the time stated on the appointment slip. Then, they go to the Department of Planning and Investment to receive the new Investment Registration Certificate.
The investment registration authority processes and decides on Investment Certificate adjustments within 15 working days of a complete dossier. A valid online dossier submission must meet the following conditions:
- Having all the documents and fully declared contents as required for the paper dossier, presented in electronic form and named corresponding to the type of document.
- The information declared on the System is complete and accurate according to the information in the paper dossier; it is authenticated by the investor’s digital signature or consistent with the paper dossier.
4. Notes when adjusting the Investment Certificate
- For enterprises that have not yet carried out the procedure to separate the Investment Certificate into a Business Registration Certificate, they must first carry out the separation procedure.
- For enterprises with a change in company name, it is necessary to re-engrave the legal entity’s seal and announce the new seal on the national business registration portal.
- For new business lines being adjusted that are conditional business lines, the enterprise must ensure the conditions during its operation.
- If charter capital increases, changing the business license tax level, the investor must declare and pay the additional tax.
- If new capital-contributing members join, they must contribute capital to the enterprise’s transfer account on time as committed in the Investment Registration Certificate.
The information above is for reference only. If you require further details, please contact us using the information below.
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