Adjust Investment Registration Certificate in Binh Dong Ward, Ho Chi Minh City

The recent administrative boundary arrangement has established a new Binh Dong Ward in Ho Chi Minh City. For businesses and investors who have projects in this area, this is not merely a change in the name on the map, but the entire location of the investment project on the Investment Registration Certificate no longer matches reality. So is the investor required to adjust the investment registration certificate immediately? What are the specific implementation procedures? Viet An Law will guide the above procedure through the article below.

Information on the merger of new administrative boundaries of Binh Dong Ward

Pursuant to Resolution No. 1685/NQ-UBTVQH15 on the arrangement of commune-level administrative units of Ho Chi Minh City in 2025, Binh Dong Ward was established based on the following criteria:

• The entire natural area, population size of Ward 6 (District 8);
• Part of the natural area, population size of Ward 7 (District 8);
• Part of the natural area, population size of An Phu Tay Commune;
• The rest of Ward 5 (District 8) after being arranged into Chanh Hung ward.

By consolidating these wards into a single ward with a large enough scale, the state can streamline the administrative apparatus, reduce intermediate levels, thereby concentrating resources and improving the efficiency and effectiveness of management in an area.

Cases of mandatory to adjust the Investment Registration Certificate in Binh Dong Ward

In order to determine the case of adjustment of the Investment registration certificate, the investor needs to distinguish two cases of adjustment of the Investment Registration Certificate with completely different legal nature:

Required cases

This is a legal obligation that arises when the investor actively changes the contents of the project compared to what was originally licensed.

• Legal basis: Article 41 of the Law on Investment 2020. The investor is obliged to register and notify the state agency of changes in its own activities.
• Scope of application:
  • Identification information: Project name, investor information, project code.
  • Scale and scope: Location, area of land used, objectives and scale.
  • Finance and time: Total investment capital, capital structure, progress, duration of operation.
  • Other terms: Incentives, other conditions (if any).

Optional cases

This is a specific exception, applicable when the change of address does not come from the will of the investor, but due to the State’s administrative decision on the arrangement and merger of administrative units.

• Legal basis: Official Letter 4370/BKHDT-DKKD on business registration.
• Contents:
  • The issued Investment registration certificate and Business Registration Certificate continue to be legally valid for use in all transactions.
  • Business and investment registration agencies are not required or required to carry out this address update procedure.

The adjustment of the investment registration certificate in this case is not mandatory. Investors have the right to actively choose the time to update the new address when actual needs arise or update the address at the same time when the enterprise carries out procedures to adjust other contents of the project (such as capital increase, change of objectives, etc.).

Preparation of dossiers to adjust investment registration certificate in Binh Dong Ward

According to Clause 16, Article 1 of Decree 239/2025/ND-CP amending Decree 31/2021/ND-CP guiding the Law on Investment, a dossier to carry out procedures for adjusting the Investment registration certificate includes the following documents:

• Written request for adjustment of the investment project (Form A.I.1 according to Circular 25/2023/TT-BKHDT);
• Report on the implementation of the investment project up to the time of adjustment;
• The investor’s decision on the adjustment of the investment project for the institutional investor;
• Copy of identity card/ID card/passport (for individual investors) or certificate of establishment/equivalent documents (for institutional investors);
• Proposal of the investment project, clearly stating the contents of adjustment (objectives, scale, investment capital, location, duration, schedule, labor, investment incentives);
• Financial statements of the last 02 years or commitment to financial support from the parent company/financial institution;
• Documents related to the content of the adjustment (e.g. land lease contract if the project location is changed).

Submission and processing of dossiers to adjust investment registration certificate in Binh Dong Ward

About the method of submission

Submit to the Department of Finance of Ho Chi Minh City (for projects outside industrial parks) or the Ho Chi Minh City Industrial Park Management Board (for projects in industrial parks). Investors can apply online. Article 39 of Decree 31/2021/ND-CP guides the procedures for adjusting the online investment registration certificate as follows:

For investment projects not subject to approval for investment guidelines, investors may choose to submit dossiers of adjustment of investment registration certificate in paper form or online on the National Investment Information System in one of two forms: using digital signatures or not using digital signatures.

The dossier of request for adjustment of the online investment registration certificate includes data as prescribed and is presented in the form of an electronic document, which has the same legal validity as the paper dossier.

Documents submitted online are valid when the following conditions are met:

• Having all papers and contents fully declared as prescribed for paper dossiers, expressed in the form of electronic documents and named corresponding to the name of the type of paper;
• The information declared on the System is complete and accurate according to the information in the paper dossier; authenticated by the investor’s digital signature or consistently compared with the paper dossier.

Regarding the time limit for processing dossiers

The investment registration agency shall check the validity within 07 working days from the date of receipt of the dossier. In case of adjustment of an investment project related to the change of the name of the investment project or the name of the investor in the investment registration certificate, in case of adjustment of the implementation schedule and operation duration of the investment project or the investor wishing to update information on the location of the investment project on the basis of arranging the application administrative departments and local government organizations at two levels, the time for processing dossiers will be 03 working days, there will be two cases as follows:

• Amendment and supplementation (if necessary): If the dossier is invalid, the investment registration agency shall notify the enterprise to supplement it.
• Issuance of adjustment certificate: If the dossier is valid, the investment registration agency shall issue an adjusted investment registration certificate.

All difficulties and problems related to the adjustment of investment registration certificate in Binh Dong Ward after the merger, please contact the legal consultancy department of Viet An Law Firm for detailed advice and the most effective support!