Adjust Investment Certificate in Phu Tho Ward, Ho Chi Minh City

Within the framework of the policy of rearranging administrative units of Ho Chi Minh City, Phu Tho Ward was officially established on the basis of consolidating the predecessor units. This change in administrative structure leads to the consequence that the project and enterprise address information recorded on the existing Investment Registration Certificates is no longer compatible with the new administrative landmark. Stemming from the need to standardize and update legal records of the business community, Viet An Law would like to send you specific instructions on the order and procedures for adjusting the Investment Registration Certificate in Phu Tho Ward in the content of the article below.

Information on merger of administrative boundaries in Phu Tho Ward

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

“To arrange the entire natural area, population size of Ward 11 and Ward 15 (District 11), the list of Ward 8 (District 11) after being arranged according to the provisions of Clause 29 of this Article (Binh Thoi Ward) into a new ward called Phu Tho Ward”.

The area of Phu Tho Ward is not the area of large-scale industrial production FDI projects (due to the absence of industrial parks). Instead, FDI inflows here focus on the fields of Real Estate – Office for lease, Technology – Technical Services (concentrated in Lu Gia area), and Retail.

• In Ward 15: This is the most developed area in the merger block, prominent with the Lu Gia Residence area. Ward 15 attracts the attention of foreign investors, mainly in the field of office and technology. Due to its location near the University of Science and Technology, the Lu Gia area (P15) forms a cluster of small enterprises in technology, informatics, and electronic equipment. There is the presence of small and medium-sized FDI inflows from Taiwan, Singapore, and South Korea investing in software companies, technical solutions or electronic components distribution here.
• In Ward 11 and the rest of Ward 8: These are traditional, densely populated areas. Direct FDI activities here are quite modest. Foreign capital inflows are mainly through the franchise system or retail chains.

The consolidation of these three areas into Phu Tho Ward brings many positive expectations for the FDI sector:

• Expanding real estate development space: The merger helps to re-plan the land fund as a whole.
• Forming a service and technology supply chain: The new Phu Tho Ward has the potential to become a technical and technological service center of District 11, taking advantage of the good infrastructure of Lu Gia area (P15) to expand its attraction to neighboring areas (P11, P8), attract more FDI enterprises in the field of digital economy and creative services.

Cases in which the Investment Certificate must be adjusted in Phu Tho 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 Certificate in Phu Tho 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 Certificates, Business Household Registration Certificates, Cooperative Registration Certificates, Cooperative Group Registration Certificates, Certificates 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 certificates, business household registration certificates, cooperative registration certificates, cooperative group registration certificates, 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 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 adjusting Investment Certificate in Phu Tho Ward

Step 1: Prepare documents

• A written request for adjustment of the investment 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 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

Investors need to base on the location of the project to submit documents at the right accepting unit:

• Department of Finance of Ho Chi Minh City: Receiving dossiers for investment projects outside the scope of industrial parks and export processing zones.
• Management Board of Export Processing and Industrial Zones of Ho Chi Minh City (HEPZA): Receive dossiers for investment projects located inside industrial parks and export processing zones.

Regulations on online application methods

In addition to the form of direct submission, Article 39 of Decree 31/2021/ND-CP allows investors to carry out procedures through the National Investment Information System. Specific regulations include:

• Scope of application: This mechanism is for projects that are not subject to investment policy approval.
• Authentication option: Investors have the right to choose between two forms: using digital signatures (submitting 100% electronically) or not using digital signatures (combining original documents).
• Legal validity: Recognized electronic records have the same legal validity as traditional paper records.
• Eligibility: To be approved, the online application must ensure the completeness of the composition of the paper, the accuracy of the declaration information (matching the paper version) and be validly authenticated in one of the two forms mentioned above.

Processing dossiers to adjust investment certificates in Phu Tho 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 certificates: 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 certificates in Phu Tho Ward after the merger, please contact the legal consultancy department of Viet An Law Firm for detailed advice and the most effective support!