Adjust Investment Registration Certificate in Phu Thuan Ward, Ho Chi Minh City

After the reorganization of administrative units in Ho Chi Minh City, Phu Thuan Ward was established on the basis of mergers from the old ward areas. This change means that the addresses of businesses and investment projects operating in the area are no longer true to the actual administrative name. Therefore, many investors need to carry out procedures for adjusting the Investment Registration Certificate to update the address information to be accurate. Viet An Law would like to guide customers on the procedures for adjusting the investment registration certificate in Phu Thuan Ward through the article below.

Information on merger of administrative boundaries in Phu Thuan Ward

According to Resolution 1685/NQ-UBTVQH15, Phu Thuan Ward was established based on the following criteria:

“Arrange the entire natural area, population size of Phu Thuan ward and part of the natural area and population size of Phu My ward (District 7) into a new ward called Phu Thuan ward”.

The only large-scale and iconic direct FDI project in the region is Phu My Hung Urban Area. Although geographically, this project is located mainly in neighboring wards (such as Tan Phu), it still has a direct influence on Phu Thuan Ward and Phu My Ward. Phu My Hung plays the role of a market maker. The success of Phu My Hung since the 1990s has proven the potential of Saigon South. The entire investment situation in Phu Thuan Ward and Phu My Ward is a consequence of this success. Domestic investors (Sunshine, Hung Thinh, Hung Loc Phat) are the next generation of developers, pouring billions of dollars into the remaining land funds around the Phu My Hung project. The value of projects in both wards is created based on the connection with Phu My Hung.

Cases in which the Investment registration certificate must be adjusted in Phu Thuan Ward

According to Article 41 of the Law on Investment 2020, in case the adjustment of the investment project changes the content of the Investment Registration Certificate, the investor shall carry out the procedures for adjusting the Investment Registration Certificate. Specifically, cases that change the content of the Investment Registration Certificate include:

• Name of the investment project.
• Investors.
• Investment project code.
• Location of investment project implementation, land area used.
• Objectives and scale of the investment project.
• Investment capital of the investment project (including the investor’s contributed capital and mobilized capital).
• Duration of operation of the investment project.
• Progress of investment project implementation.
• Forms of investment incentives and support, grounds and conditions for application (if any).
• Conditions for investors implementing investment projects (if any).

Does the enterprise have to adjust the Investment registration certificate in Phu Thuan Ward after the merger of administrative boundaries?

According to Official Letter 4370/BTC-DNTN in 2025, guiding business registration in case of change of administrative boundaries.

“Enterprises, business households, cooperatives, cooperative unions, and cooperative groups continue to use the issued Enterprise Registration Certificate, Business Household Registration Certificate, Cooperative Registration Certificate, Cooperative Group Registration Certificate, Certificate of Operation Registration of Branches/Representative Offices/Business Locations.

2. Business registration agencies may not request enterprises, business households, cooperatives, cooperative unions and cooperative groups to register changes in address information due to changes in administrative boundaries. Enterprises, business households, cooperatives, cooperative unions and cooperative groups shall update information on addresses due to changes in administrative boundaries on enterprise registration certificate, business household registration certificate, cooperative registration certificate, cooperative group registration certificate, etc Certificate of registration of operation of branches/representative offices/business locations when there is a need or at the same time when registering changes, notifying changes in other contents in the registration of enterprises, business households, cooperatives, unions of cooperatives, cooperative groups.”

Therefore, the adjustment of the Investment registration certificate in this case is not mandatory. Enterprises have the right to take the initiative to do so when there is a need, or combine in other times of registration to change content in the future.

Guidance on adjustment of investment registration certificate in Phu Thuan Ward

Step 1: Prepare documents

• A written request for adjustment of the investment registration certificate;
• 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 or the equivalent document for the individual investor;
• Current investment registration certificate;
• The company’s financial statements are audited in the preceding year at the time of adjustment of the Investment registration certificate;
• Proposal of the investment project (if using land), including: investor, objectives, scale, investment capital, capital mobilization plan, location, duration, progress, information on the current status of land, labor demand, investment incentives, socio-economic efficiency, preliminary assessment of environmental impacts;
• In case the investment project does not request the State to allocate or lease land or permit the change of land use purpose, it shall submit copies of papers on land use rights or other documents determining the right to use the location for the implementation of the investment project;
• Explanation of technologies used in investment projects for projects subject to appraisal and consultation on technology in accordance with the law on technology transfer;
• BCC contracts for investment projects in the form of BCC contracts;
• Other documents related to the investment project, requirements on conditions and capacity of the investor as prescribed by law (if any).

In addition, depending on other cases, additional dossiers and documents will be required as follows:

• In case of change of investor information: The company needs to provide documents on the legal status of the investor related to the change: Certificate of operation of the parent company for institutional investors or Passport of investors if the investor is an individual. These documents all require notarized translation and consular legalization.
• In case of change of the representative managing the investor’s contributed capital: A valid certified copy: Passport, confirmation of residence/temporary residence card of the new representative managing the contributed capital.
• In case of change of the location of the investment project, the head office of the company, the land area used: The land lease contract, the lease of the office for registration of the location of the project; Land use right certificate of the lessor or investor or other alternative legal documents; In case of leasing land or renting offices of other enterprises, it is necessary to provide an enterprise registration certificate of the lessor with the function of real estate business.
• In case of change of charter capital or investment capital of the project: The enterprise needs to provide documents proving the financial capacity of the investor, including one of the following documents: Financial statements for the last 2 years; Commitment to financial support of the parent company/financial institution; Guarantee the financial capacity of the investor; Other documents proving the investor’s financial capacity;

Step 2: Submit the application

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).

According to the provisions of Article 39 of Decree 31/2021/ND-CP, investors can carry out procedures for adjusting the Investment Registration Certificate online through the National Investment Information System. Concrete:

• Subjects of application: Investment projects do not need to apply for investment policy approval.
• Two forms of online submission: Investors can choose to submit documents with or without digital signatures.
• Legal validity: Electronic records submitted online have the same value as traditional paper records.
• Conditions for valid dossiers: Online dossiers must be complete with papers and information declared exactly like paper documents and authenticated by digital signatures or collated with paper documents.

Processing dossiers to adjust investment registration certificate in Phu Thuan ward

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 Phu Thuan Ward after the merger, please contact the legal consultancy department of Viet An Law Firm for detailed advice and the most effective support!