Documents for adjustment of Investment registration certificate

Documents for adjustment of Investment registration certificate are necessary documents have to submit at a competent state authority when the company with foreign capital is performing adjust the contents of the Investment Registration Certificate.

Legal basis

• The Law on Investment 2020;
• Decree 32/2021/NĐ-CP guiding some articles of the Law on investment;
• Circulars 03/2021/TT-BKHĐT

Documents for adjustment of Investment registration certificate

The document includes:

• An application form for adjustment of the investment project;
• A report on investment project’s progress by the time of adjustment;
• The investor’s decision on investment project adjustment;
• Explanation of reasons for adjustment of investment projects;
• A copy of the investment registration certificate; the decision on approval for investment guidelines; the decision on investor approval (if any);
• The documents related to the adjustment of the contents including:
  • In case of change of the investor: The documents about the legal status of the investor;
  • In case change of invest capital: document proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of the parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;
  • In case change of the project location: For the investment location project which not uses land allocated or leased out by the State or is permitted by the State to repurpose land that submits a copy of the document on land use rights and lease contracts for the new office;
  • Proposal for the investment project including the following main contents: investor or method of investor selection, investment objectives, investment scale, investment capital and plan for raising capital, location, duration and schedule of the investment project, information about the current use of land in the location of the project and proposed demand for land use (if any), demand for labor, the proposal for investment incentives, impact and socio-economic efficiency of the project and preliminary assessment of environmental impact (if any) following regulations of law on environmental protection.
  • BCC contract for the Investment project in the form of a business cooperation contract.
  • Other documents relating to the investment project, and requirements on the eligibility and capacity of the investor following regulations of law (if any).

Number of Documents for adjustment

• In case of not subject to approval for their investment guidelines: the investor submits 01 documents to the competent investment registration authority.
• In case of adjusting investment projects subject to approval for their investment guidelines by the Prime Minister: The investor submit 08 sets of documents to the Ministry of Planning and Investment;
• In case of adjusting investment projects subject to approval for their investment guidelines by provincial People’s Committees: The investor submit 04 sets of documents to the Investment registration authority.
• In case of adjusting investment projects subject to approval for their investment guidelines by industrial park, export-processing zone, hi-tech zone, and economic zone management boards: The investor submit 04 sets of documents to the industrial park, export-processing zone, hi-tech zone, and economic zone management boards

Some notes on the Documents for adjustment of the Investment registration certificate

In case of the Investment registration certificate has not yet recorded the full contribution of investment capital, when submitting the documents for adjustment of Investment registration certificate need attaching: The most recent audited financial statement at the time of adjustment or Confirmation of the direct investment capital account showing that the investment capital has been fully contributed.

• The investor submit a confirmation that the investment report has been submitted online on the national information system on foreign investment.
• If the adjustment of the investment project is related to the change of the investment project name or investor name on the investment registration certificate, the investor shall submit an application form for adjustment of the investment project to the investment registration authority enclosed with the documents concerning such change.

Document for adjustment of investment registration certificate in some specific cases

Documents for adjustment information of the investor

• An application form for adjustment of the investment project;
• A report on investment project’s progress by the time of adjustment;
• The investor’s decision on investment project adjustment;
• A copy of the issued Investment registration certificate;
• A document about the investor’s legal status;

Documents for adjustment the project location

• An application form for adjustment of the investment project;
• A report on investment project’s progress by the time of adjustment;
• The investor’s decision on investment project adjustment;
• A copy of the issued Investment registration certificate;
• Venue lease contract; a Notarized copy land use right certificate/or Land allocation decision, construction decision.

Documents for adjustment the investment capital

• An application form for adjustment of the investment project;
• A report on investment project’s progress by the time of adjustment;
• The investor’s decision on investment project adjustment;
• A copy of the issued Investment registration certificate;
• Documents proving the financial capacity of the investor including at least one of the following documents: the investor’s financial statements for the last two years; commitment of a parent company to provide financial support; commitment of a financial institution to provide financial support; guarantee for the investor’s financial capacity; other document proving the investor’s financial capacity;

Documents for adjustment the investment filed

• An application form for adjustment of the investment project;
• A report on investment project’s progress by the time of adjustment;
• The investor’s decision on investment project adjustment;
• A copy of the issued Investment registration certificate;

Some questions related to the Documents for adjustment of the Investment registration certificate

What are the documents on the investor’s legal status?

Documents about the investor’s legal status” are valid copies of the individual’s identity document or documents certifying the establishment and operation of a business organization, including:

Personal identification number of a Vietnamese citizen or valid copies of one of the following documents: unexpired ID card, passport, other identification documents of the individual;

Valid copies of the following documents: Certificate of Enterprise Registration, Certificate of Establishment, Establishment Decision, or other documents with the equal legal value of the organization.

What are the documents proving the financial capacity of the investor?

The documents proving the financial capacity of the investor including Financial statements for the last 02 years or equity audit report of the investor, commitment of the parent company to provide financial support or commitment of a financial institution to provide financial support, guarantee for the investor’s financial capability or a document describing the investor’s financial capability; In case of the investor are individuals, should use bank account balance confirmation.

Do the documents for adjustment of the Investment registration certificate need to be attached with the audited financial statements of the project implementing organization?

In case of the Investment registration certificate has not yet recorded the full contribution of investment capital, when submitting the document for adjustment, need attaching: The most recent audited financial statement at the time of adjustment or Confirmation of the direct investment capital account showing that the investment capital has been fully contributed.

Clients interested in the service of drafting documents for adjustment of investment registration certificates, please contact Viet An Law Firm directly for detailed advice.