Dong Nai is a province in the Southeast region based on the merging of two old provinces, Bien Hoa and Long Khanh, Vietnam. This is the 5th most populous province in the country after Ho Chi Minh City, Hanoi Capital, Thanh Hoa province, and Nghe An province.
Dong Nai is a gateway province to the Southeast economic region – the most developed and dynamic economic region in the country. In particular, Dong Nai is one of three sharp corners of the development triangle of Ho Chi Minh City – Binh Duong – Dong Nai. Dong Nai has many traditional industrial clusters and more than 32 industrial parks approved and put into operation by the Prime Minister such as Long Thanh, An Phuoc, Nhon Trach II, Bien Hoa II, and Amata.
That is why Viet An Law Firm has been receiving a lot of attention and requests to apply for Investment Certificates as well as adjust Investment Certificates for businesses and projects with investment capital from domestic and abroad in Dong Nai province.
Administrative units in Dong Nai province
On the Dong Nai map, Bien Hoa City currently has 30 commune-level administrative units including Long Hung commune and 29 wards: An Binh, An Hoa, Binh Da, Buu Hoa, Buu Long, Hiep Hoa, Hoa An, Hoa Binh, Ho Nai, Long Binh, Long Binh Tan, Phuoc Tan, Quang Vinh, Quyet Thang, Tam Hiep, Tam Hoa, Tam Phuoc, Tan Bien, Tan Hanh, Tan Hoa, Tan Hiep, Tan Mai, Tan Phong, Tan Tien, Tan Van, Thanh Binh, Thong Nhat, Trang Dai, Trung Dung.
Procedures for adjusting investment certificate in Dong Nai province
Adjust investment certificate in Dong Nai province without new members or shareholders
Procedures for adjusting the Investment Registration Certificate are carried out according to the following steps:
Step 1: Carry out adjustment procedures and issue Investment Registration Certificate (old investment project part) according to investment procedures;
Step 2: Change relevant content on the Enterprise Registration Certificate.
Step 3: Adjust or issue a new business license such as an international travel business license/ Food safety establishment license/ License to operate a foreign language center, study abroad/ Business license (Only applicable to businesses that add additional lines of business to exercise the right to the retail distribution of goods, rent goods, and other lines of business as prescribed in Decree 09/2018/ND-CP).
Adjust investment certificate in Dong Nai province when a new foreign investor contributes capital, purchases shares, or contributes capital to the company
Step 1: The investor submits documents to the investment registration agency where the economic organization is headquartered to carry out procedures to register capital contributions, purchase shares, and capital contributions to foreign-invested companies;
Step 2: The investor submits documents to the business registration agency to carry out procedures for recording investor information on the Enterprise Registration Certificate (In case the enterprise has not separated the Investment Certificate and Enterprise Registration Certificate will simultaneously carry out separation procedures in step 2. The Enterprise Registration Certificate number is also the tax code of the issued business);
Step 3: In case the enterprise’s legal seal must be re-issued according to the information in the Enterprise Registration Certificate (i.e. the enterprise’s tax code) under the current records of the domestic enterprise.
Step 4: Carry out procedures to adjust the Investment Certificate to update new investor information and adjust contents related to the investment project.
Step 5: In case the investor adds conditional business lines and information on the Enterprise Registration Certificate, continue to carry out the procedure to change the Enterprise Registration Certificate at the Business Registration Agency;
Step 6: Apply for a business eligibility license for conditional business lines according to specialized legal regulations.
The time limit for implementing investment certificate adjustment procedures
Normally within 10 working days from the date of receipt of valid documents.
Note when adjusting the Investment Registration Certificate
For enterprises that have not yet carried out the procedure to separate the Investment Certificate into an Enterprise Registration Certificate, they must separate the Investment Certificate.
After an enterprise adjusts its Investment Certificate, it needs to carry out several procedures to avoid unwanted legal procedures as follows:
If the enterprise changes to add new capital contributors, note that the new investor must contribute investment capital to the enterprise’s capital transfer account and pay attention to contribute on schedule according to the committed deadline according to the Investment Registration Certificate. In case the investor does not contribute capital on schedule as committed on the Investment Registration Certificate, the enterprise must carry out procedures to extend capital contribution and be fined according to the provisions of law.
Enterprises should pay attention to the reporting procedures and reporting forms of the enterprise according to the recording content and investment reporting obligations of the enterprise (normally specified in Article 3 of the Investment Registration Certificate);
Regarding newly adjusted business lines, which are conditional, businesses are required to ensure the conditions during operation.
Businesses invest in Dong Nai province, an area with a dynamic economy and strong development in the southern region in recent years. Accordingly, to meet these changes and developments, domestic and foreign investors must make changes or adjustments to information on the Investment Certificate to suit the current situation and structure of the business. Viet An Law Firm provides investment certificate adjustment services in Dong Nai province in particular and nationwide in general. Please contact us for the best support..
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