I. THE LEGAL BASIS OF ADMINISTRATIVE PROCEDURES

Law on Investment No. 67/2014 / QH13;

Enterprise Law No. 68/2014 / QH13;

Decree 118/2015 / ND-CP detailing and guiding the implementation of a number of articles of the Investment Law;

Other relevant legal documents.

II. THE ORDER OF EXECUTION PROCEDURES ADJUSTED INVESTMENT CERTIFICATE

– Step 1: Investor submits 01 set of application to the Department of Planning and Investment / Management Board of industrial parks, export processing zones, and high-tech zones.

– Step 2: The Department of Planning and Investment / the Management Board of industrial parks, export processing zones and hi-tech zones shall adjust the Investment Registration Certificate for the investor.

For an investment project with an investment policy decision. Quarterly readers Refer details at : “……….”

The composition of an application for adjustment of an investment certificate includes :

– Written request for adjustment of investment project;

– Report on the implementation of the investment project up to the time of requesting adjustment of the investment project;

– Decision on adjustment of the investment project of the investor;

– Documents specified at Points b, c, d, dd and e, Clause 1, Article 33 of the Investment Law related to the adjusted contents, specifically:

+ Copy of ID card, ID card or passport for individual investor; a copy of the Establishment Certificate or other equivalent document certifying the legal status of the institutional investor;

+ Proposal for investment project includes the following contents: investor implementing the project, investment objectives, investment scale, investment capital and capital raising plan, location, duration, investment schedule investment, labor demand, proposal for investment incentives, assessment of the project’s socio-economic impact and efficiency;

+ A copy of one of the following documents: investor’s financial statements for the last 2 years; commitment to financial support of the parent company; commitment to financial support of a financial institution; guarantees on investors’ financial capacity; documents explaining the financial capacity of the investor;

+ Proposal on land use demand; In case the project does not request the State to allocate land, lease land, or permit the change of land use purpose, submit a copy of the lease agreement or other documents certifying that the investor has the right to use the site for actual purposes. current investment projects;

+ Explanation for the use of technology, for the project specified at Point b, Clause 1, Article 32 of this Law, including the following contents: technology name, origin of technology, technology process diagram; main specifications, usage status of main machinery, equipment and technology lines

Number of documents : 01 set of documents

Processing time : Within 10 -15 working days from the date of receiving valid dossier.

Implementing agency : Department of Planning and Investment / Management boards of industrial zones, export processing zones, hi-tech zones where investment projects are implemented

Subjects of administrative procedures :

Investors (individuals and organizations)

Implementation results :

– Certificate of investment registration (according to Form II.3 issued together with Circular No. 16/2015 / TT-BKHDT).

– In case of modification of an investment project operating under an investment license, an investment certificate (also a business registration certificate) or another document of equivalent legal validity, the certificate shall be registered. Investment registration to replace the content of the investment project in the Investment License, Investment Certificate (also the Business Registration Certificate) or other papers of equivalent legal validity. In case the Investment License, Investment Certificate (also the Business Registration Certificate) or another document of equivalent legal validity prescribing the business registration contents, the business registration content at these documents continue to be valid.

Fee : 0

In the case of registration via the public postal service, the service charge of receiving and sending dossiers, returning the result of administrative procedure settlement is the announced fee of the courier service party.

Name of the form, declaration form:

– A written request for adjustment of investment project (applicable to project adjustment not subject to investment policy decision), made according to Form I.7 enclosed with Circular No. 16/2015 / TT-BKHDT.   

– Report on the implementation of investment projects up to the time of adjustment (Articles 33, 34, 35, 36 of Decree 118/2015 / ND-CP) according to Form I.8 issued together with Circular No. 16/2015 / TT-BKHDT.

Requirements and conditions for the procedure :

– Investors (individuals and organizations) whose investment projects are granted an investment registration certificate, investment license, investment certificate or equivalent legal document, adjusting one or more some of the following contents and not subject to investment policy adjustment:

+ Location of investment project, area of ​​land used;

+ Objective and scale of the investment project;

+ Capital investment of the project, capital contribution and mobilization schedule;

+ Duration of the project;

+ Progress of investment project implementation;

+ Investment incentives and support (if any);

+ Conditions for investors implementing investment projects (if any).

– The content of the adjustment is not in the sectors or trades banned from business investment;

– Satisfying investment conditions applicable to foreign investors in case the project aims to operate in a conditional investment industry or sector applicable to foreign investors.