Adjust Investment Registration Certificate in Thoi An Ward, Ho Chi Minh City
Implementing the policy of rearranging administrative units of Ho Chi Minh City, Thoi An Ward has been officially established and consolidated on the basis of consolidating the administrative boundaries of Thanh Xuan Ward and Thoi An Ward. This change in place name has led to legal concerns for the business community and active investors in the area: Is updating information on the location of the project according to the new administrative boundary a mandatory procedure? In order to remove this problem, Viet An Law would like to send you detailed instructions and answers through the content of the article below.
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Information about the old wards before the merger into Thoi An Ward
Thoi An Ward: FDI inflows here do not focus on industrial production due to residential and administrative planning, but mainly supermarkets, convenience store chains with foreign capital or wastewater and environmental treatment projects with ODA or FDI capital elements.
Thanh Xuan Ward: Although there are few FDI projects, the emergence of large-scale apartment projects (such as Picity High Park – although it is a domestic investor but with the participation of international construction design partners) has paved the way for the trend of investment in real estate.
This consolidation will change the structure of investment capital flows, shifting to urban services and real estate. With a large riverside land fund from Thanh Xuan combined with the administrative infrastructure of Thoi An, the new ward is an ideal location for riverside ecological urban area projects. Investors from Singapore or Malaysia are often very interested in large riverside land banks like this to develop high-end projects.
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;
Submission of dossiers to adjust investment registration certificates in Thoi An Ward
Investors can choose to carry out the procedures for adjusting the Investment Registration Certificate through two main methods: submitting the application directly at the competent authority or submitting the application online via the electronic system.
For the direct submission method, the competence to receive dossiers is clearly defined: dossiers of projects implemented outside industrial parks and export processing zones will be submitted to the Department of Finance of Ho Chi Minh City; while projects within these zones will be submitted to the City Export Processing and Industrial Zones Management Board (HEPZA).
For the online method, based on Article 39 of Decree 31/2021/ND-CP, investors submit dossiers through the National Investment Information System. This method applies to projects that are not subject to approval for investment guidelines, allowing authentication by digital signatures or comparison of original documents. A valid electronic dossier has the same legal validity as a paper dossier.
Processing dossiers to adjust investment registration certificates in Thoi An Ward
Within 07 working days from the date of receipt of a valid dossier, the investment registration authority shall be responsible for verifying and processing the dossier of request for adjustment of the investment registration certificate.
Particularly for cases of adjustment of relevant contents to update the project implementation location due to the rearrangement of administrative units, the processing time limit is shortened to 03 working days.
After the verification process, if the dossier meets all conditions, the Investment Registration Authority will issue an adjusted Investment Registration Certificate. If the dossier is invalid, the investor will receive a written notice of the contents that need to be completed.
Based on the guiding spirit of Official Letter 4370/BTC-DNTN in 2025 on business registration when there is a change in administrative boundaries, businesses and investors need to pay attention to the following points:
The old certificate is still valid: The types of Enterprise Registration Certificates and Investment Registration Certificates issued before the time of merger are still legally valid to be used in all transactions.
Not mandatory immediately: The adjustment and update of the new address on the Certificates is not mandatory immediately. State agencies are not entitled to require enterprises to carry out this procedure individually and instantly.
Time of adjustment: Enterprises and investors have the full right to actively update the new address at one of the following two times:
When there is a practical need, for example, when the partner requests or needs to provide loan documents, bidding documents, etc.).
When carrying out a procedure for adjusting other contents (e.g., change of investment capital, name of investment project, extension of investment project, etc.)
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