Modification of an Investment Registration Certificate is a mandatory procedure when an investor changes content in his or her investment project . In this article, the Chengdu Law will explain the cases in which the Investment Registration Certificate must be modified and which are not.
I. REQUIREMENTS OF INVESTMENT REGISTRATION CERTIFICATE
According to the 2014 Law on Investment, the investor is required to carry out the procedures for amending an Investment Registration Certificate in the following cases:
1.1. Adjust investor information (Name, passport number, address, email , … )
Investors include foreign individuals and legal entities. Investor information recorded on the Investor’s Investment Registration Certificate includes:
For individual investors: Name of investor, gender, nationality, date of birth, passport information, permanent residence address, temporary residence address, phone number, email …
For investors being legal entities: Company name, establishment decision, Date of issue, Head office address, Telephone number information, Fax, Email, … Information of legal representative, …
1.2. Adjustment of invested capital (including total invested capital, contributed capital, loan capital), progress of capital contribution and capital mobilization, extension of investment capital contribution progress
When applying for an Investment Registration Certificate for the first time, the Investment Registration Authority will record the information that the investor has proposed including invested capital, progress of capital contribution and capital raising. In the course of project implementation, if the investor fails to comply with the information recorded on the Investment Registration Certificate, the Investor must carry out the procedures to correct the information according to reality.
Refer to the article:
1.3 . Project objective adjustment (Industry investment)
The objective of the investment project recognizes the content of investment industries according to the world’s CPC code system. When investors want to add / withdraw trades on investment projects, it is necessary to adjust the procedures targeted project investments .
Example: Industrial machinery production target (CPC 855) ;
1.4 . Adjust project scale
When the investor has a need to increase / decrease the production scale, it is necessary to apply for the adjustment of the investment registration certificate ;
For example: The scale of electronic components production from 12,000,000 products / year is adjusted to 20,000,000 products / year;
– If the increase in scale leads to an increase in capital, the investor must carry out the capital increase procedures together with the increase in scale ;
– Based on the size (product, volume , … ) need to do environmental procedures (Environmental Protection Plan , DTM, …);
1.5 . Adjust the name / location of the planned project investment
A project implementation site needs to meet the conditions for the lease rights and the lease function to meet the conditions for adjustment.
Thanh Do Law has consulted and instructed investors in the article on Procedures for adjusting the name of an investment project, name and location of the project in the investment registration certificate about the process and procedures. and documents should be prepared to carry out the procedure of adjusting the name / location of the investment project.
1.6 . Adjusting the progress of investment projects; progress of implementing operational goals
Investors must comply with the committed schedule in the Investment Registration Certificate. In case of change of an investor, it is required to notify the investment registration agency and obtain the approval of the investment registration agency. If investors deliberately do not notify, they will be sanctioned for administrative violations in the investment field.
1.7. Change the code plan project investment
Where the investor separates the investment certificate (including information about the project and business registration information) into the investment registration certificate and the enterprise registration certificate.
1.8. Change the life of the project
When t steam operation of the planned project investment almost, investors adjust procedures to extend the duration of the project activities.
II. CASES NOT REQUIRING THE INVESTMENT REGISTRATION CERTIFICATE
– Enterprises in case of division, separation, consolidation, merger or transformation of economic organizations are not required to carry out procedures for investor adjustment as prescribed in Clause 5, Article 38 of Decree No. 118 / ND- CP ;
– The investment project does not comply with the Investment Registration Certificate, the investor is not required to carry out the procedures for investor adjustment as prescribed in Clauses 3 and 4, Article 118 / ND-CP;
The above are the cases where modification of the Investment Registration Certificate is required and the cases are not required. Thanh Do lawfirm hopes that through the information shared above, investors can identify whether their business is in the case of amendments to the Investment Registration Certificate or not. In case of needing detailed advice, customers can contact Thanh Do Law Firm for a detailed consultation.
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