Procedures For Changing Investor Information On Investment Certificates

According to current regulations, the adjustment of investor information requires adjustment of the investment registration certificate. So how is the procedure to change investor information on the investment certificate? Please contact hotline 0903.419.479 or via email contact@apolo.com.vn for detailed advice from Apolo Lawyers Law Firm. We always aim to solve problems quickly, accurately, timely and effectively.

1. Change of investor information on the investment certificate

According to Clause 18, Article 3 of the Law on Investment 2020, the concept of investor is understood as an organization or individual conducting business investment activities, including the following types of investors:

• Domestic investor: This is an individual with Vietnamese nationality or an economic organization that does not have a foreign investor as a member or shareholder.
• Foreign investor: is defined as an individual with foreign nationality or an organization established under foreign law that conducts business investment activities in Vietnam.
• Foreign invested economic organization: This is an economic organization with foreign investors as members or shareholders.

In general, investors can be organizations or individuals conducting business investment activities, including domestic investors, foreign investors and foreign-invested economic organizations.

According to the provisions of the Investment Law 2020 and Decree 31/2021/ND-CP Guiding the Investment Law on the adjustment of the investment registration certificate, the adjustment cases include:

• Change business name.
• Change head office address, phone number, fax, email, website.
• Changing business lines, including withdrawing business lines and adding business lines.
• Consulting on change of charter capital.
• Change the legal representative of the enterprise.
• Change the title of the legal representative of the enterprise.
• Change of members, shareholders of the company.
• Change personal information of members, shareholders of the company.

Procedures For Changing Investor Information On Investment Certificates

The adjustment of the investment registration certificate is similar to the registration of changes to the previous business registration content. The investor carries out the procedures for registration of an investment registration certificate, but during the operation of an investment project, if there is information that needs to be modified, such as information of the investor, it will be currently adjusting the investment registration certificate.

2. Agency making changes to the Investment Certificate

The agencies responsible for implementing the change of the Investment Certificate include:

2.1. Management Board of Industrial Parks, Export Processing Zones, High-Tech Parks and Economic Zones

This Board has the authority to adjust and revoke Investment Registration Certificates for investment projects in industrial parks, export processing zones, high-tech zones, economic zones.

2.2. Department of Planning and Investment

This Department issues, adjusts and revokes Investment Registration Certificates for investment projects outside industrial parks, export processing zones, hi-tech zones and economic zones.

2.3. Local investment registration agency

This local authority is authorized to issue, adjust and revoke Investment Registration Certificates for the following investment projects:

• Investment projects implemented in administrative units of the province or higher.
• Investment projects implemented inside and outside industrial parks, export processing zones, high-tech zones and economic zones.
• Investment projects in industrial parks, export processing zones, economic zones where the management board of industrial parks, export processing zones, hi-tech parks, economic zones has not been established or is not within the scope of management under the management of the Management Board of industrial parks, export processing zones, high-tech zones and economic zones.

3. Application for registration of change of investor information on the Investment Certificate

When updating information about changes of investors, enterprises need to pay attention and ensure that the following documents are met:

• A written request for amendment of the Investment Registration Certificate.
• Documents on investor legal status.
• Report on the operation of the investment project up to the time of submitting the application for adjustment of the Investment Registration Certificate.
• For institutional investors: It is necessary to prepare a notarized translation of the new business registration certificate of the company in a foreign country or a document clearly showing the new information/proof of the change in information. investor confidence.
• For individual investors: It is necessary to prepare a notarized translation of a new passport or a document showing new information/proof of changes in investor information.
• Copy of Investment Registration Certificate and Business Registration Certificate.
• Power of attorney in case the applicant is not the legal representative.
• Notarized copies of legal documents of the authorized person.

4. Procedures for changing investor information on the current investment certificate

• Step 1: Prepare all required documents.
• Step 2: After completing the application, the enterprise needs to submit the application at the Investment Registration Office where the company is headquartered or the Industrial Park Management Board.
• Step 3: The Investment Registration Office receives the application file and issues a receipt, and at the same time sets a date to return the results.
• Step 4: The Investment Registration Office checks the validity of the application and proceeds with the settlement. If the application file fully meets the requirements, the enterprise will be granted an Investment Registration Certificate according to regulations.

In case the dossier is not yet qualified, the Investment Registration Office will notify in writing of the contents that need to be amended and supplemented to the enterprise. If the Investment Registration Office refuses to issue a new Investment Registration Certificate, it will notify the enterprise in writing and clearly state the reason for the refusal.

5. Some notes when carrying out the procedure to change the investment certificate

There are some notes after making changes to the investment certificate:

• Enterprises must separate the Investment Registration Certificate and the Business Registration Certificate. At the same time, re-issue a new seal for the enterprise.
• In case of changing conditional business lines during the course of operation, the enterprise must ensure that all conditions are satisfied as prescribed.
• If there are new capital contributors, the enterprise must contribute capital to the capital transfer account of the enterprise.
• Before adjusting the Investment Registration Certificate, the enterprise must carry out the procedures for approval of the investment policy in case the adjustment leads to the project subject to the approval of the investment policy.

Procedures For Changing Investor Information On Investment Certificates

Procedures for changing investor information on investment certificates. Apolo Lawyers Law Firm always looks forward to receiving more questions and concerns from readers on relevant legal issues. To contact us, customers can choose the method of calling the hotline 0903.419.479 or send a request via email contact@apolo.com.vn, Apolo Lawyers will answer your questions as soon as possible.

View more: Regulations on Investment Registration Certificates

View more: Investment Lawyers in Vietnam

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