FDI Investment Project Address Change Procedures in Vietnam

During the course of implementing investment activities in Vietnam, foreign-invested enterprises (FDI) may have a need to adjust certain contents of their investment projects in order to align with their business development orientation, actual conditions, or requirements from partners and clients. One of the most common types of adjustments is the change of the project implementation location. According to Vietnamese law, when a foreign investor wishes to change the address of an investment project, such a change must be carried out through the competent authority. Hereinafter, Viet An Law would like to provide our valued clients with relevant information regarding FDI investment project address change procedures in Vietnam.

What procedures must investors undertake when changing the address of an FDI investment project?

To change the address of a foreign direct investment (FDI) project, the investor is required to carry out the following procedures:

• Carry out the procedure for adjusting the decision on approval of investment policy if the investment project has been granted such approval;
• Carry out the procedure for adjusting the Investment Registration Certificate (IRC);
• Carry out the procedure for registering changes to the Enterprise Registration Certificate (ERC) if the new project address also serves as the enterprise’s registered headquater.

Competent authorities for adjusting the investment registration certificate

• For projects located within industrial parks, export processing zones, high-tech parks, or economic zones: the Management Board of industrial parks, export processing zones, high-tech parks, or economic zones;
• For projects located outside the above-mentioned zones: the Department of Finance where the investor is implementing the project.

Application submission methods

• Submission in person (direct submission);
• Submission via postal services;
• Online submission through the national investment information system at https://vietnaminvest.gov.vn/Pages/default.aspx (applicable to projects not subject to investment policy approval).

Dossier for changing the address of FDI investment project

The application dossier for adjusting the Investment Registration Certificate due to a change in the investment project address includes the following documents:

• Written request for adjustment of the investment project, using form A.I.11.h issued together with Circular No. 25/2023/TT-BKHĐT
• Report on the implementation status of the investment project up to the time of adjustment
• Investor’s resolution or decision on the adjustment of the investment project, applicable to organizations
• Explanation or supporting documents related to the change of project address, including:
• A proposal for land use demand in case the investor requests land allocation, land lease, or land use purpose conversion
• A copy of land use right documents or other evidence proving the investor’s right to use the location for project implementation (e.g., land lease agreement), applicable to projects not requesting land allocation, lease, or land use purpose conversion by the State.

FDI Investment Project Address Change Procedures in Vietnam

Investment projects not subject to approval of investment policy

• Step 1: The investor shall submit 01 set of application dossier to the Investment Registration Authority;
• Step 2: The Investment Registration Authority shall amend the Investment Registration Certificate for the investor within 10 days from the date of receipt of a valid dossier.

Investment projects under the authority of the prime minister to approve investment policy

• Step 1: The investor shall submit 08 sets of application dossiers to the Ministry of Finance;
• Step 2: Within 03 days from the date of receipt of a valid dossier, the Ministry of Finance shall forward the dossier to relevant specialized agencies to collect opinions regarding the change of the project address;
• Step 3: The specialized agencies shall provide their opinions on the proposed adjustment within 15 days from the date of receipt of a valid dossier;
• Step 4: The Ministry of Finance shall prepare an appraisal report on the proposed change of the project address and submit it to the Prime Minister within 35 days from the date of receipt of a valid dossier;
• Step 5: The Prime Minister shall issue a decision approving the adjustment of the investment policy within 05 working days from the date of receipt of the appraisal report.

Investment projects under the authority of the provincial People’s committee for approval of investment policy

• Step 1: The investor shall submit 04 sets of application dossiers to the Investment registration authority;
• Step 2: Within 03 days from the date of receipt of a valid dossier, the Investment registration authority shall forward the dossier to the relevant specialized agencies for their opinions on the proposed change of the project address;
• Step 3: The specialized agencies shall provide their opinions on the proposed adjustment of the investment project within 15 days from the date of receipt of a valid dossier;
• Step 4: The Investment Registration Authority shall prepare an appraisal report on the proposed change of the project address and submit it to the Provincial People’s Committee within 25 days from the date of receipt of a valid dossier;
• Step 5: The Provincial People’s Committee shall issue a decision approving the adjustment of the investment guideline within 07 working days from the date of receipt of the appraisal report.

Investment projects under the authority of the Management Boards of industrial parks, export processing zones, high-tech parks, and economic zones for approval of investment policy

• Step 1: The investor shall submit 04 sets of application dossiers to the Management Board of industrial parks, export processing zones, high-tech parks, or economic zones;
• Step 2: Within 03 days from the date of receipt of a valid dossier, the Management Board shall forward the dossier to the relevant specialized agencies for their opinions on the proposed change of the project address;
• Step 3: The specialized agencies shall provide their opinions on the proposed adjustment of the investment project within 15 days from the date of receipt of a valid dossier;
• Step 4: The Management Board of industrial parks, export processing zones, high-tech parks, or economic zones shall issue a decision approving the adjustment of the approval of investment policy within 25 working days from the date of receipt of a valid dossier.

Notes when changing the address of FDI investment project

• Investors should verify whether the business lines and operational objectives of the project are consistent with State policies at the intended new project location
• In cases where the change of project address causes the project, which was originally not subject to investment policy approval, to fall under the category requiring such approval, the investor must carry out the procedure for obtaining approval of investment guidelines.
• It is essential to review all legal documents related to the proposed new location, such as: land use right certificates, land-use planning, land-use purpose, factory lease documents, construction permits, and conditions or legal status of the lessor, etc.

What are the penalties for failing to adjust the investment registration certificate when changing the address of FDI project?

Pursuant to Clause 2, Article 17 of Decree No. 122/2021/ND-CP, an investor may be subject to a monetary fine ranging from VND 70,000,000 to VND 100,000,000 for failure to carry out procedures to adjust the Investment Registration Certificate or to obtain approval for the adjustment of investment guidelines. In addition, the investor shall also be subject to remedial measures, including being compelled to complete the procedures for adjusting the Investment Registration Certificate and for obtaining approval for the adjustment of investment policy, as prescribed by law.

If you require legal consultation on FDI investment project address change procedures in Vietnam, please do not hesitate to contact Viet An Law Firm for the most professional and comprehensive support.