Adjustment of Investment Registration Certificate

Thứ sáu - 13/11/2020 15:52

In accordance with Law on Investment 2014 and Decree No. 118/2015/ND-CP, FDI enterprises in Vietnam, who are established under the law of Vietnam and international agreements to which the Socialist Republic of Vietnam is a member, must perform the procedures for amendment if they wish to change any information on the Investment Registration Certificate (“IRC”), which relates to investors, enterprises, investment projects (objectives, scale, location, method, capital and duration).

1. The legal basis

Law on Investment 2014;
Decree No. 118/2015/ND-CP providing detailed guidelines for the Law on Investment;
Circular No. 16/2015/TT-BKHĐT, regulations on application forms for investment procedures and reporting forms on investment in Vietnam.

2. The dossiers and procedure

Dossiers for revising the IRC if no decision on investment policies required

A written request for permission for project adjustments (in accordance with regulated form);
A report on the project’s progress up to the time of adjustment (in accordance with regulated form);
The investor’s decision on project adjustment;
Documents relating to the changes, including:

If the investor is an individual: A copy of the ID card or passport;

If the investor is an organization: A copy of the Certificate of Establishment or an equivalent paper that certifies the legal status of the investor.

An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project (in accordance with regulated form);
Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institutions to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
Explanation for application of technologies to the project using technologies on the List of technologies restricted from transfer, which specifies names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;
The BCC contract for BCC projects.

Number of applications: 04 (01 original + 03 copies).

3. The executive order

Foreign-invested company making changes of IRC is required to manage the below procedure:

Step 1: Performing the procedures for adjustment of the IRC by separating the Certificate of Business Registration for the business registration information on the old IRC. The number of the Certificate of Business Registration is the tax registration number of the enterprise;
Step 2: Performing the procedures for adjustment and issuance of the IRC (for the old investment projects) according to the Law on Investment;
Step 3: Publishing the enterprise’s information on the National Business Registration Portal;
Step 4: Re-issuing the seal sample of the enterprise which matches the information on the Certificate of Business Registration (for example: the new tax registration number);
Step 5: Announcing the seal sample of the enterprise on the National Business Registration Portal.