Adjusting Investment Registration Certificate in Vietnam: Legal Regulations and Implementation Process

1. Legal Regulations:

According to the Investment Law and related documents, regulations regarding the adjustment of investment registration certificates are specified, including conditions, procedures, and the processing of documents.

According to Article 41 of the 2020 Investment Law, the investment registration certificate must contain the following information:

• Project Name: This is the official name of the project that the investor registers to implement.
• Investor: Information about the individual, organization, or enterprise undertaking the role of investor for the project.
• Project Code: A unique identification code assigned to the investment project.
• Location and Area: Specific location where the investment project will be implemented, along with the land area to be used.
• Objectives and Scale: Description of the objectives and scale of the investment project, including technical and economic indicators.
• Investment Capital: Total investment capital of the project, including both the contribution of the investor and funds raised from other sources.
• Operating Period: The estimated time period during which the investment project will operate and produce.
• Implementation Progress: Includes the progress of capital contribution and fund mobilization, as well as the progress of implementing the main activities of the projects.
• Incentives and Investment Support: Information about incentives and support policies from the government or relevant authorities, along with the applicable conditions.
• Conditions for Investors: If applicable, the certificate should also specify any conditions that investors must comply with when implementing the investment project.

The above information not only provides the necessary information to the management authorities but also helps relevant parties understand the scope and extent of the investment project.

Adjusting Investment Registration Certificate in Vietnam: Legal Regulations and Implementation Process

2. Implementation Process:

Gathering Information: Businesses need to collect sufficient information and documents to prepare the adjustment dossier.

Submitting Documents: The adjustment dossier for the investment registration certificate needs to be submitted to the competent state management agency.

Processing Documents: The state management agency will review and process the dossier according to the prescribed procedures.

3. Applicable Entities:

Foreign Enterprises: Foreign enterprises operating in Vietnam or planning to invest in conditional sectors must comply with regulations regarding the adjustment of investment registration certificates.

Government Agencies: Government agencies with jurisdiction are responsible for reviewing and resolving issues related to the adjustment of investment registration certificates.

Engaging legal consultation services can significantly streamline the process of adjusting an investment registration certificate. Legal experts provide invaluable guidance on interpreting legal requirements, preparing documentation, and liaising with authorities, thus minimizing risks and ensuring adherence to regulations.

Adjusting Investment Registration Certificate in Vietnam: Legal Regulations and Implementation Process

Attention to Documents for Adjusting Investment Registration Certificate:

In cases where the Investment Registration Certificate does not record the full investment capital contribution, when submitting the application to adjust the investment project, the following documents should be included:

• Latest Audited Financial Report: The investor must submit the most recent audited financial report up to the time of adjustment. This report should demonstrate that the investment capital has been fully contributed.
• Confirmation of Investment Capital Account: Alternatively, the investor can provide confirmation from the investment capital account directly, showing that the investment capital has been fully contributed.

Additionally, the investor should include confirmation of having submitted the investment report online through the national foreign investment information system.

In instances where the adjustment of the investment project involves changing the project name or name of the investor on the Investment Registration Certificate, the submission should consist of:

1. Request Letter for Adjustment: A formal request letter outlining the necessary adjustments to the Investment Registration Certificate should be included in the application package.

These documents are crucial for ensuring the accuracy and legality of the adjustments made to the investment project. The investor provide evidence of compliance with financial requirements and facilitate the smooth processing of the adjustment by the relevant authorities.

4. Importance of Legal Consulting:

Engaging legal consultation services can significantly streamline the process of adjusting an investment registration certificate. Legal experts provide invaluable guidance on interpreting legal requirements, preparing documentation, and liaising with authorities, thus minimizing risks and ensuring adherence to regulations.

In-depth Understanding of Legal Regulations: Legal consulting services provide a deep understanding of relevant legal provisions, helping businesses comprehend the necessary procedures and requirements.

Reducing Legal Risks: Utilizing legal consulting services helps minimize legal risks and ensures that business operations are conducted in a legal and transparent manner.

Adjusting Investment Registration Certificate in Vietnam: Legal Regulations and Implementation Process

Saving Time and Costs: Instead of navigating legal procedures independently, using legal consulting services helps businesses save time, costs, and ensures accurate and prompt results.

Apolo Lawyers is a legal consulting service provider with a team of high quality and professional lawyers and litigation attorneys, ensuring to provide customers with a full package of legal services. For more detailed information, please contact:

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