Adjust Investment Registration Certificate in Vuon Lai Ward, Ho Chi Minh City

Vuon Lai Ward has officially entered a new page after the merger of administrative boundaries. However, the information about the project implementation address on the investor’s investment registration certificate no longer coincides with the present, so the need to adjust the investment registration certificate is increasing. Is the investor required to carry out the procedures for adjusting the Investment registration certificate due to the merger of administrative boundaries? Viet An Law would like to guide customers through the above procedures through the article below.

Information on new administrative boundaries in Vuon Lai Ward

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

• Arrange the entire natural area and population size of Ward 1 (District 10);
• Arrange the entire natural area and population size of Ward 2 (District 10);
• Arrange the entire natural area and population size of Ward 4 (District 10);
• Arrange the entire natural area and population size of Ward 9 (District 10);
• Arrange the entire natural area and population size of Ward 10 (District 10)

Dossier of adjusting investment registration certificate in Vuon Lai Ward

• 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;

Some questions about the method of submitting an application for adjusting investment registration certificate in Vuon Lai ward

Which agency of Ho Chi Minh City do investors need to submit an application for adjustment of the Investment registration certificate?

– The competence to receive and process dossiers is determined based on the location of the investor’s project implementation. Specifically, as follows:

• Department of Finance of Ho Chi Minh City: Receive and process dossiers for all investment projects implemented outside industrial parks, export processing zones, and high-tech parks.
• Ho Chi Minh City Export Processing and Industrial Zones Management Board (HEPZA): Receive and process dossiers for all investment projects implemented inside industrial parks (IPs) and export processing zones (EPZs).

In addition to the method of submitting paper documents directly, can investors carry out this procedure online?

– Current laws allow investors to carry out online procedures. Pursuant to Article 39 of Decree 31/2021/ND-CP, investors can submit dossiers through the National Investment Information System. When choosing the method of online application, investors need to pay attention to the following 4 important contents:

• Regarding the scope of application: This online method is applied to investment projects that are not subject to investment policy approval.
• Regarding the form of dossier authentication: Investors have two (02) options to authenticate their electronic documents when submitting:
  • Using digital signatures: Investors use the digital signature (Token) of the business to electronically sign documents.
  • Not using digital signatures: Investors still submit documents (without digital signatures) through the system. However, after completing the online submission, the investor is required to print the corresponding paper dossier, sign and stamp, then submit this paper at the competent authority (Department of Finance or HEPZA) to compare with the data on the system.
• Regarding legal value: Electronic records will have the same legal value as paper records.
• Regarding the conditions for valid dossiers: To be considered valid, online documents must fully meet the same requirements as paper documents: the declaration information must be accurate, the attached documents must be complete according to regulations and must be authenticated in one of the two forms mentioned above.

Processing dossiers of adjusting investment registration certificate in Vuon Lai 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 the investment registration certificate in Vuon Lai Ward after the merger, please contact the legal consultancy department of Viet An Law Firm for detailed advice and the most effective support!