Adjust Investment Registration Certificate in Tan My Ward, Ho Chi Minh City

Tan My Ward has officially turned 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 about the new administrative boundaries in Tan My Ward

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

“To arrange the entire natural area and population size of Tan Phu Ward (District 7) and the rest of Phu My Ward (District 7) after being arranged according to the provisions of Clause 19 of this Article (Phu Thuan Ward) into a new ward called Tan My Ward”.

Basically, the new Tan My Ward was created by combining the entire Tan Phu Ward (old) with the rest of Phu My Ward (old). The old Tan Phu ward includes Phu My Hung area, where the Crescent Mall, office buildings and the Crescent Lake area are located, which is a busy area with many foreigners. The rest of the old Phu My Ward is an expanding residential area with many new apartments such as the Era Town area. The combination of these two areas will create a new Tan My ward that will have both a wealthy commercial area and a crowded residential area.

Cases in which procedures for adjusting investment registration certificate must be carried out in Tan My Ward

Cases of compulsory adjustment

Pursuant to Article 41 of the Law on Investment 2020, investors are required to carry out procedures for adjusting the Investment Registration Certificate when the project has changes related to the contents recorded on the Certificate. These cases arise from the active change of the investor himself, including:

• Name of the investment project.
• Investor information.
• Investment project code.
• Project implementation location, land area used.
• Project objectives and scale.
• Investment capital of the project (both contributed capital and mobilized capital).
• Duration of operation of the project.
• Project implementation schedule.
• Forms of investment incentives and supports (if any).
• Binding conditions for investors (if any).

Cases where adjustment is not required

When the change of address does not come from the needs of investors but due to the rearrangement of administrative boundaries of the State. In the spirit of guidance in Official Letter 4370/BTC-DNTN in 2025 on business registration when there is a change in geographical boundaries, this regulation applies to minimize the administrative burden on enterprises:

• Firstly, the issued Business Registration Certificate and equivalent documents continue to be legally valid for use in all transactions.
• Secondly, the Business Registration Authority is not allowed to require enterprises to register changes in address information.

Dossier to adjust investment registration certificate in Tan My 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 when carrying out procedures for adjusting investment registration certificate in Tan My Ward

I want to submit an application for adjustment of the Investment registration certificate, where should I submit it in Ho Chi Minh City after the merger of administrative boundaries?

– You need to determine where your project is located in order to file it in the right place. There are 2 reception places:

• Department of Finance of Ho Chi Minh City: All projects are located outside industrial parks and export processing zones.
• Export Processing and Industrial Zones Management Board (HEPZA): All projects are located inside industrial parks and export processing zones.

I heard that you can apply online. Specifically, how is the submission process

– In addition to the direct paper application method above, you can choose to submit online through the National Investment Information System (https://fdi.mof.gov.vn/Pages/trangchu.aspx). There are 4 points to note when applying online you need to know:

• Not all projects can be done online. This method mainly applies to projects that are not subject to investment policy approval.
• There are 2 current application methods that are the same:
  • Submit 100% online: You use a digital signature (USB token) to sign and submit documents.
  • Online + paper submission: If you do not have a digital signature, you can still submit your application online. But after that, you still need to print out the paper documents, sign and stamp them, and then bring the paper copy to the agency for them to compare with the documents you have submitted online.
• The legal value between online documents and paper documents is the same.

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