When an investor (subject to an investment registration certificate) has a change in the location of the implementation of an investment project, the investor should carry out the procedures for amending the Investment Registration Certificate at the register the investment where the Certificate has been issued to avoid being sanctioned by the State authority for not doing the adjustment/change procedures on the license.

I. Legal basis l reviews

– Law on Investment 2014;

– Relevant legal documents.

II. An application for adjustment of project execution location on the Investment Registration Certificate

– Proposal for investment project adjustment;

– Report on the implementation of the investment project up to the time of adjustment; Investment report (Confirmation submitted on the foreign investment portal);

– Decision of the investor on the adjustment of the investment project (adjustment of the location of the investment project); A copy of the meeting minutes with the type of limited company, joint stock company;

– New project site profile:

+ Proposal on the need to use land in case of requesting the State to allocate or lease land or permit change of land use purpose;

+ In case the project does not request the State to allocate land, lease land, or permit the change of land use purpose, submit the following: Head office lease contract or headquarter lease agreement, notarized copy of proof of rental right of lessor (land use right certificate, construction permit, business registration certificate with real estate business function of the lessor or equivalent papers);

Note: The location is located in a mixed building, it is necessary to have a master plan or equivalent document proving the location is not an apartment for living.

– The notarized copy of the Investment Registration Certificate, the Business Registration Certificate, the decision on investment policy (if any);

– Documents certifying had contributed enough to the time adjustment: 01 s a of certified financial statements audited for most or the time of adjustment of bank Confirmation of investors have contributed enough capital. (For projects modified for the first time or not yet confirmed to have fully contributed capital on the Investment Registration Certificate);

– The original investment registration certificate;

– Authorization document for another person to carry out the procedure.

III. Application for location adjustment on business registration certificate

Refer to the article: “An application for adjustment of project execution location on the Enterprise Registration Certificate“.

Note:

In case the enterprise relocates its head office and project implementation location to a province or city different from where it was originally registered, the application shall be enclosed:

(1) A valid copy of the Notice of the Tax Department of the province/city where the enterprise originally registered the tax declaration status of the taxpayer transferred to the tax authority;

(2) A valid copy of the Notice of tax declaration and payment status of the unit changing the business location, originally registered by the Tax Department of the province/city where the enterprise was originally registered, enclosed with a detailed book on tax collection and payment of the taxpayer ;

(3) A valid copy of Notice of Taxpayer relocation of the Tax Department of the province/city where the enterprise was originally registered;

General note:

For projects with an investment policy decision, procedures for modification of the investment policy decision shall be carried out before modifying the investment registration certificate.

In case the investor changes the location of project execution and the head office address changes the address of the head office on the Certificate of Business Registration before carrying out procedures for location adjustment. Projects on the Investment Registration Certificate.

In case the investor changes the location of the project to a province or city other than the place where the enterprise was originally registered, at the same time with the adjustment of the Investment Registration Certificate, the enterprise needs to present procedures to change the business registration certificate and carry out procedures with the tax authorities.

The location of an investment project must meet the conditions for the field of operation, not be located in an apartment building or a collective house.