In the investment registration certificate, the objectives of the project are specified in Article 1: Contents of the investment project. Example: Objective and scale of the project: Freight transport agency service-CPC 748. Thus, “Procedure to adjust the goal of an investment project” is to adjust the industry of the investment registration. . When adjusting this content, investors must check whether the investment industry has been committed by Vietnam to open to foreign investors in its WTO commitments or domestic legal documents.
I. Legal basis
1. The 2014 Investment Law;
2. Decree 118/2015 / ND-CP;
3. Circular 16/2015 / TT-KHĐT;
4. Other relevant legal documents.
II. The goal of the investment project
The goals of investment projects are the main industries that investors want to realize in Vietnam. These occupations are specified in the WTO Commitments Schedule and are specified in the Vietnam Occupation Table under Decision No. 27/2018 / QD-Tgg.
|Investment project objectives||According to the Vietnamese industry system|
|Software implementation services (CPC-842)||Computer consulting and computer system administration (6202)|
|Exercise of the rights to export, import and distribute wholesale goods (CPC-622)||General wholesale
III. Sequence and procedures for changing project implementation objectives
Step 1: Investor prepares 01 set of documents, including:
(1) Proposal for investment project adjustment;
(2) Report on project implementation up to the time of adjustment;
(3) Minutes of meeting / decision of the investor on the investment project adjustment;
(4) Explanation of reasons for adjusting investment project objectives: Explanation for the industry’s meeting conditions
(5) Power of attorney for the applicant
Step 2: Submit this above dossiers at investment registration agency
Step 3: Within 15 working days, the investment registration agency will issue an investment registration certificate after adjustment if the dossier is valid / notice of dossier modification and supplementation.
For a foreign capital company that does not have an Investment Registration Certificate, when adding a conditional industry as specified in Appendix IV of the Law on Investment 2014 and the industry is not yet committed, the enterprise must contact the Registrar. register the investment to consider meeting the conditions under Clause 6, Article 2 of Decree 118/2015 / ND-CP before adding the business lines to the Certificate of business registration. In fact, the Investment Registration Office will guide enterprises to apply for an investment registration certificate according to Article 33 of the 2014 Investment Law. In this case, many in reality, businesses should contact the Lawyer of the Company. Chengdu law for detailed advice.
For projects subject to investment intentions decision, when adjusting an investment project related to its objectives, the investment registration agency shall carry out the procedures for an investment policy decision before adjusting the Certificate. investment registration;
In case an investor’s request for modification of the Certificate of investment registration results in the investment project being subject to an investment policy decision, the investment registration authority shall carry out the procedure for the owner decision. investment account before adjusting the Investment Registration Certificate.
In case the Investment Certificate is concurrently a business registration certificate, when there is a change in the objectives of an investment project, the enterprise shall carry out the procedures for granting the Investment Registration Certificate at the Investment Registration Authority. private. Dossiers, order and procedures for grant of investment registration certificates comply with the 2014 Law on Investment corresponding to adjusted contents.
After being granted an investment registration certificate, the contents of the investment project in the old investment certificate expire, but the business registration content continues to be valid.
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