Adjusting Investment Registration Certificate – Things To Know

Investment Registration Certificate is one of the most important documents that guarantees legal investment practices in Vietnam. What are the procedures when adjusting the Investment Registration Certificate? Let’s find out some current regulations in laws in this article.

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1. What is the investment project? What is Investment Registration Certificate?

According to Clause 4 Article 3 of Investment Law 2020 about the definition of an investment project:

“Investment project means a collection of proposals for the expenditure of mid-term or long-term capital to carry out investment activities in a particular administrative division over a certain period.”

According to Clause 11 Article 3 of Investment Law 2020 defines Investment Registration Certificate:

“Investment Registration Certificate means a physical or electronic document bearing information registered by an investor about an investment project.”

2. Legal bases relating to the adjustment of the Investment Registration Certificate

– Investment Law 2020;

– Decree 31/2021/ND-CP on the elaboration of some articles of Investment Law;

– Circular 03/2021/TT-BKHDT on prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities.

3. The cases of adjusting the Investment Registration Certificate

According to Clause 2 Article 41 of Investment Law 2020 stipulates adjusting the Investment Registration Certificate in the following cases:

The investor shall follow procedures for adjusting the investment registration certificate if the adjustment to the investment project changes the contents of the investment registration certificate, particularly:

– The change of name of the investment project;

– The change of investor;

– The change of location and land area of the investment project;

– The change of objectives and scale of the project;

– The change of capital investment in the investment project (including the investor’s contributed capital and raised capital);

– The change in duration of the investment project;

– The change of project execution schedule;

– The change of investment incentives or investment support, and bases or conditions for application thereof (if any);

– The change of conditions applied to the investor executing the investment project (if any).

4. Procedures for adjusting the Investment Registration Certificate

For the projects approved for investment guidelines:

The procedures for adjusting the Investment Registration Certificate to the project have been approved for investment guidelines, according to Article 35 of Decree 31/2021/ND-CP:

Following the procedures:

– Adjusting the Investment Registration Certificates to the investment projects subject to adjusting investment guidelines of the provincial People’s Committees.

– Adjusting the Investment Registration Certificate to the investment project is subject to adjusting investment guidelines of the Prime Minister.

For the projects not mentioned to not subject to approval for investment guidelines

The procedures for adjusting the Investment Registration Certificate to the projects are not subject to approval for investment guidelines according to Article 36, Article 47 of Decree 31/2021/ND-CP.

Following these procedures:

– Procedures for adjusting investment projects in case of being issued the investment registration certificate and not subject to the approval of adjusting investment guidelines of the provincial People’s Committee.

– Procedures for adjusting investment projects in case of being issued the investment registration certificate and not subject to the approval of adjusting the investment guidelines to the investment projects subject to the approval of investment guidelines of the provincial People’s Committees or Management boards.

5. Some notes

According to Article 39 of Investment Law 2020 about the power to issue, adjust and revoke Investment Registration Certificates:

– Management boards of industrial parks, export-processing zones, hi-tech zones and economic zone shall issue, adjust and revoke investment registration certificates about the investment projects located therein, except for the case specified in Clause 3 of this Article.

– Departments of Planning and Investment shall issue, adjust and revoke investment registration certificates concerning the investment projects outside industrial parks, export-processing zones, hi-tech zones and economic zones, except for the case in Clause 3 of this Article.

– The investment registration authority of the administrative division where the investor executes the investment project, places or intends to place the head office or operating office to execute the investment project shall issue, adjust and revoke investment registration certificates concerning the following investment projects:

+ Investment projects that are executed in at least 02 provinces;

+ Investment projects that are executed both inside and outside industrial parks, export processing zones, hi-tech zones and economic zones;

+ Investment projects which are executed inside industrial parks, export processing zones, hi-tech zones or economic zones where the industrial park, export processing zone, hi-tech zone or economic zone management boards have not yet been established or which are not under the management of the industrial park, export processing zone, hi-tech zone or economic zone management boards.

– The authority that receives investment project dossiers is the one that has the power to issue investment registration certificates, except for the cases specified in Articles 34 and 35 of Investment Law 2020.

You might concern:

– What is an Investment Registration Certificate, things to know.

– Is it necessary to change the Investment Registration Certificate and enterprise registration certificate?

– Conditions, procedures for the issuance of outward Investment Registration Certificate.