FDI Project Name Change Services in Vietnam

During their operation, foreign-invested enterprises (FDI) often need to adjust their investment projects to align with development orientations, branding strategies, or requirements from the parent company abroad. One of the most common adjustments is the change of the investment project’s name. However, changing the project name is not merely a simple administrative procedure, but a mandatory legal process that must strictly comply with the procedures stipulated in the Law on Investment. Failure to comply may expose the enterprise to legal risks, potentially affecting subsequent implementation steps of the project. In the following article, Viet An Law Firm provides investors with a clear understanding of the legal regulations, procedural steps, required documentation, and important considerations. We also introduce our FDI project name change services in Vietnam to ensure the process is carried out smoothly and under the law.

Legal Basis for Changing the Name of an FDI Investment Project

The change of name of a foreign direct investment (FDI) project is primarily governed by the following legal instruments:

• The Law on Investment 2020;
• Decree No. 31/2021/ND-CP guiding the implementation of the Law on Investment;
• Relevant provisions of the Law on Enterprises 2020 and Decree No. 01/2021/ND-CP;
• Regulations of the provincial people’s committee (where the project is implemented) regarding the delegation of authority for investment procedures.

Accordingly, the name of the investment project is an integral part of the investment registration certificate (IRC). Changing the project name constitutes a modification of the contents of the IRC. Therefore, the investor is legally required to carry out procedures for amending the Investment registration certificate in accordance with the law.

Common reasons for FDI project name change in Vietnam

The name of an investment project often reflects the enterprise’s objectives, products, business sectors, or development orientation. Common reasons why foreign-invested enterprises (FDIs) may wish to change the project name include:

• The enterprise changes its development strategy or restructures its product lines;
• The enterprise expands its business sectors, making the current project name no longer appropriate;
• The existing name is no longer effective for marketing or brand recognition purposes;
• The project is transferred, merged, or consolidated;
• The name change is required by the foreign parent company.

Cases requiring adjustment of the investment project name

According to Article 40 of the Law on Investment 2020, investors must carry out procedures to amend the Investment registration certificate (IRC) when there is a change in any of the following contents:

• The investor;
• The name of the investment project;
• The project implementation location;
• The project’s objectives, scale, capital, or duration;
• Investment incentives (if any);
• Other important contents.

Dossier for FDI project name change

Required documents

Under Article 47 of Decree No. 31/2021/ND-CP, the application dossier for amending the investment registration certificate includes:

• A written request for amendment of the Investment registration certificate (in the prescribed form);
• A report on the implementation status of the project up to the time of the amendment request;
• A resolution or decision of the investor/company owner regarding the change of the project name;
• Supporting documents justifying the reason for the change (if any);
• The original Investment registration certificate;
• A power of attorney (if a service provider is authorized to carry out the procedure);
• Other relevant documents (if additionally required by the licensing authority).

Notes:

• In cases where the enterprise changes the project name and the project involves a conditional investment sector, supporting documents proving compliance with investment conditions must be submitted in accordance with the law;
• If the enterprise has multiple independent investment projects, it must identify which project name is being changed.

Procedures for FDI project name change services in Vietnam

Step 1: Applicable when the investment project name is also the enterprise name

• Notice of change of enterprise registration information
• Prepare a resolution, decision, and a copy of the minutes of the meeting of the members’ council (for multi-member limited liability companies and partnerships), of the general meeting of shareholders (for joint-stock companies), or the decision of the company owner (for single-member limited liability companies) regarding the change of enterprise name;
• Power of attorney for dossier submission;
• The dossier shall be submitted online via the national business registration portal;
• Within 03 working days from the day following the date of submission, if the dossier is valid, the enterprise will be issued a new enterprise registration certificate; otherwise, a notice will be issued requesting supplementation or amendment of the dossier.

Step 2: Prepare the dossier

• The investor shall prepare a complete dossier as prescribed above;
• The investor may authorize a law firm or service provider to carry out the procedure.

Step 3: Submit the dossier to the competent authority

Submit to the department of finance of the province or city where the project is headquartered in the following cases:

• Investment projects located outside industrial parks, export processing zones, high-tech zones, and economic zones;
• Investment projects for infrastructure development of industrial parks, export processing zones, and high-tech zones, and projects located within such zones in localities where no management board has been established;
• Investment projects implemented across multiple provinces or centrally governed cities;
• Investment projects implemented both inside and outside industrial parks, export processing zones, high-tech zones, and economic zones.

Submit to the management board in the following cases:

• Investment projects for infrastructure development of industrial parks, export processing zones, and high-tech zones;
• Investment projects located within industrial parks, export processing zones, high-tech zones, and economic zones.

Step 4: Processing and issuance of the new investment registration certificate

• Within 03 working days from the date of receipt of a valid dossier, the investment registration authority shall issue a new Investment registration certificate reflecting the adjusted project name.

Important notes for FDI project name change services in Vietnam

The new name must not duplicate existing projects

The investment project name must not be confused with other registered investment projects within the same locality, especially in the same business sector. It is advisable to conduct a name search before proposing a new name.

Consistency with records at other authorities

After changing the project name with the investment authority, the enterprise must:

• Update information with the tax authority (project code);
• Amend the construction permit and environmental registration (if applicable);
• Update information with relevant departments and agencies (if the project involves attached assets).

Do not use the new name without official approval

The enterprise must not use the new project name on documents, records, signage, etc., until the investment registration authority has officially issued the certificate recognizing the new name.

FDI project name change services in Vietnam to support enterprises efficiently

Pre-filing consultation

• Review the current legal documentation;
• Propose a suitable project name;
• Advise on the consistency of other contents to be amended (if any).

Professional dossier preparation

• Draft application forms, resolutions, and reports;
• Guide or prepare powers of attorney and accompanying templates;
• Verify the validity of submitted documents.

Representation in filing and working with the State authorities

• Submit the dossier and monitor the processing progress;
• Communicate with responsible officers to ensure the dossier is not delayed or suspended;
• Receive the new investment registration certificate and deliver it to the client.

Post-filing advisory services

• Guide on updating information with tax authorities, banks, management boards, environmental and construction authorities, etc..
• Draft internal documents (if needed) for the enterprise’s daily operations.

If you have any questions or require specific legal advice regarding the FDI project name change services in Vietnam, please do not hesitate to contact Viet An Law for prompt support and consultation.