In business activities, investors can decide for themselves the progress of project implementation or change their project goals. And when there is an adjustment to the project implementation schedule, the investor needs to carry out the procedures for changing the Investment Registration Certificate, the file is guided below. According to current law, Thanh Do Lawfirm would like to introduce the article Profile of adjusting the progress of implementing investment projects, operational objectives.

I. LEGAL BASIS

– Law on Investment 2014;

– Law on Enterprises 2014;

– Decree 118/2015/ND-CP guiding the Law on Investment;

– Decree 78/2015/ND-CP guiding the Law on Enterprises and Decree 108/2018/ND-CP amending a number of articles of Decree 78/2015/ND-CP;

– Circular 16/2015/TT-BKHDT providing the forms for implementing investment procedures and reporting on investment activities in Vietnam, issued by the Minister of Planning and Investment;

– Circular 02/2019/TT-BKHDT guiding on enterprise registration.

II. RECORDS NEED TO BE PREPARED

(1) Proposal for investment project adjustment;

(2) Report on the implementation of the investment project up to the time of adjustment;

(3) Investor’s decision on the investment project adjustment (Decision and valid copy of meeting minutes of the Members’ Council/General Meeting of Shareholders/general partners/owners of the Organization economic performance of an investment project regarding the adjustment of an investment project or other legal documents in accordance with the law);

(4) Explanation of reasons for adjusting investment objectives and projects;

Note: Investors need to prove the essentiality of the need to change as well as the feasibility of the project after changing the goals.

(5) Proposal of an investment project which includes investment project objectives;

(6) Copies of the issued Investment Registration Certificate/Investment Certificate/Investment License/Business License (for projects not subject to investment policy decision);

Or Copy of Decision on investment policy and Investment registration certificate/Investment certificate/Investment license/Business license issued (if any) (In case of an investment project belongs to category of decision on investment policy);

(7) Copy of Tax Registration Certificate (for the case the company has not separated the Investment Registration Certificate and the Enterprise Registration Certificate);

(8) The notarized copy of the audited financial statements closest to the time of adjustment;

(9) Power of attorney in case the investor does not directly submit the dossier.

The application is submitted to the Investment Registration Office where the Investment Registration Certificate has been issued. After receiving a valid dossier, the Agency will make adjustments to the Investment Registration Certificate for the investor.

Note:

This procedure applies to both projects subject to investment policy decision and not subject to investment policy decision by competent state agencies;

In case the enterprise has not separated the investment registration certificate and the enterprise registration certificate when there is any adjustment in the progress of implementing the investment project, the enterprise shall carry out the procedures for granting the registration certificate. Make an investment at the investment registration agency instead of performing the procedures for adjusting the Investment Registration Certificate as above. Dossiers, order and procedures for issuance of Investment Registration Certificates comply with the Law on Investment 2014. Investors are granted a new Investment Registration Certificate with the contents as adjusted and at the same time, the contents of the investment project in the old investment certificate will expire.