When there is a change in the contents of the Investment Registration Certificate by the company, the company should carry out procedures to change the investment registration and business registration content within 10 days from the date the change arises. In case the company does not make the change in accordance with the regulations, the company will be handled for the delay in the content of registration for changes in the investment registration certificate and enterprise registration content , Luat Thanh Do would like to introduce to our customers the article ” Penalty for not changing the investment registration certificate “.

I. LEGAL FOUNDATION

Law on Investment 2014;

Decree 118/2015 / ND-CP guiding the implementation of a number of articles of the investment law;

Decree 50/2016 / ND-CP on penalties for administrative violations in the field of planning and investment;

Other relevant legal documents.

II. CASES TO CHANGE THE CERTIFICATE OF INVESTMENT REGISTRATION

2.1. Cases must change the investment registration certificate

Pursuant to Article 33 of Decree No. 118/2015 / ND-CP guiding the procedures for amending Investment Registration Certificates of investment projects not subject to investment policy decision

Where the change of name of investment projects, the address of the investor or change the name of the investor, the investor submits written ngh ị adjustment of investment projects for the Agency investment registration attached document relating to the change of the investor’s name or address or the name of an investment project. The investment registration agency shall modify the investment registration certificate for the investor within 03 working days from the date of receipt of the written request for modification of the investment registration certificate.

2.2. Procedures for adjusting investment registration certificates

In case of adjusting the location of an investment project, the area of ​​land used; objectives and scale of the investment project; the project’s investment capital, capital contribution and capital mobilization schedule; duration of the project; investment project implementation progress; investment incentives and supports (if any) and conditions for investor implementing investment projects (if any) , investors shall submit 1 set of dossier to the investment registration agency, including:

a) A written request for adjustment of the investment project ;

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

c) Decision of the investor on the adjustment of an investment project in the following cases :

– Location of the investment project

– Objective and scale of the investment project

– Project investment capital Project investment capital (including investors’ contributed capital and mobilized capital), capital contribution and mobilization schedule.

– The duration of the project activities.

– Progress of implementation of an investment project: basic construction and work put into operation (if any); The progress of implementing the main objectives and main items of the project, if the project is implemented in phases, must specify the objectives, duration and contents of each stage.

– Conditions for investors to implement the project (if any).

d) Explain or provide papers related to the adjustment of contents specified at Points b, c, d, dd, e, g, Clause 1, Article 33 of the Investment Law (if any).

– 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 of an investment project includes the following contents: investor implementing the project, investment objectives, investment scale, invested 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;

-Copy of one of the following documents: financial statements of the investor for the last 2 years; commitment to financial support of the parent company; commitment to financial support of financial institutions; guarantees on investors’ financial capacity; documents explaining the financial capacity of the investor;

-Proposed 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 a project specified at Point b, Clause 1, Article 32 of this Law includes the following contents: name of technology, origin of technology, technology process diagram; main specifications, usage status of main machinery, equipment and technological line;

-BCC contract for an investment project in the form of a BCC contract.

3. Within 10 working days after receiving a valid dossier as prescribed in Clause 2 of this Article, the investment registration agency shall adjust the investment registration certificate for the investor.

4. The investor adjustment according to the procedures specified in Articles 37, 38 and 39 of this Decree includes :

– Procedures to change investors in the event of the transfer plan project investment

– Procedures for adjusting investment projects in case of division, separation, consolidation, merger, or transformation of organization

– Procedures for adjusting investment projects according to judgments, court decisions, economic arbitration

III . CONTENTS OF PENALTY REGULATIONS

3.1. Sanction in the field of business registration

Under the provisions of Article 25 of Decree 50/2016 / ND-CP:

* For acts of violation does not change the content of business registration:

1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed on acts of registering changes in contents of an enterprise registration certificate, operation registration certificate of a branch, representative office or certificate. Business location registration is 1 to 30 days behind schedule .

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of registering changes in contents of an enterprise registration certificate, operation registration certificate of a branch, representative office or certificate. Business location registration is 31 to 90 days behind schedule.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for registration of changes in contents of an enterprise registration certificate, operation registration certificate of a branch, representative office or registration certificate. sign the business location 91 days or more behind schedule.

4. Remedy: Forcible registration of changes in the contents of the Enterprise Certificate under regulations, for acts of violation specified in Clauses 1, 2 and 3 of this Article.

3.2. Sanctions in the field of investment registration

1. A fine of between 1,000,000 and 5,000,000 for act of not reporting for investment registration authority before the start of the project investment for the project is not subject to issuance investment registration certificate.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts    :

a) Failure to report on investment activities, report on supervision and evaluation of investment projects;

b) Untruthful reports on investment activities;

c) Investing in business sectors or trades subject to conditional business investment but failing to meet the conditions specified in the Investment Law;

d) Establishing an executive office of a foreign investor in a business cooperation contract (BCC contract) but not registered with the investment registration agency where the executive office is located;

dd) Terminate the operation of the foreign investor’s executive office under the BCC contract without notifying the investment registration authority of the location where the executive office is located.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for making untruthful or inaccurate investment project dossiers in order to be granted investment certificates, investment registration certificates or decisions. first intention t u.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following acts:

a) Failure to carry out the procedures for registration of capital contribution, purchase of shares or capital contributions to economic organizations;

b) Failure to follow procedures for investment project adjustment;

c) Delaying the project execution schedule, investment progress without making a written request to the investment registration authority or giving a notice without the written approval of the investment registration authority;

d) Suspension of the investment project without notifying the investment registration agency in writing or giving a notice without the written approval of the investment registration agency  ;

e) Do not perform procedures to terminate operation of investment projects, liquidation procedures projects investment.

5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following acts:

a) Failure to carry out investment activities in accordance with the contents of the application for investment registration (for the case in which the Investment Registration Certificate is not required) or the Investment Certificate, or the Investment Registration Certificate Investment, Decision on investment policy  ;

b) Failure to meet the conditions for investment in the form of capital contribution, share purchase, or capital contribution of foreign investors;

c) Failure to fully satisfy the conditions when transferring an investment project;

d) Investing in business sectors and trades banned from business investment in accordance with the Law on Investment.

6. A fine of between VND 40,000,000 and 60,000,000 shall be imposed for one of the following acts  :

a) Failure to comply with the investment order and procedures;

b) Continue implementing the project when it is decided to suspend its operation by the investment registration agency;

c) Continuing to implement the project after terminating its operation without approval of the investment registration authority  ;

d) Failure to carry out an investment project after 12 (twelve) months without the approval of the investment registration authority.

7. A fine of from VND 60,000,000 to VND 80,000,000 shall be imposed for executing a project without an investment certificate, investment registration certificate, or investment policy decision

8. Remedy:

a) Enforced registration of the establishment of an executive office of a foreign investor in a BCC contract in case of the violation specified in Point d Clause 2 of this Article;

b) Be compelled to notify the investment registration authority of the violation specified in Point dd Clause 2 of this Article.

Pursuant to the provisions above, e amniotic with acts of violation does not change the contents of the certificate of registration Investment , the investor shall be fined from 20,000,000 to 30,000,000 dong.