Update of Investment Certificate

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(Effective since 01/07/2015)

According to the Investment Law 2014 effective since 01/07/2015, for FDI enterprises after established in accordance with Vietnam’s legal regulations and international treaties which Vietnam is a member demanding for revision of the Investment Certificate related to investor, enterprise information, information on investment project such as goals, scale, location, type, capital and term, the investor should fulfil procedures on revising the Investment Certificate and business registration certificate.

Dossiers for revising the Investment Certificate if no decision required:

  • Application for revision of the Investment Certificate;
  • Report on investment project progress by time of revision application;
  • Investor’s decision on investment project revision;
  • Copy of ID Card or passport if investor is individual; copy of Establishment Certificate or equivalent certificate proving legality if investor is organization;
  • Proposal of investment project includes following contents: project investor, investment goal, investment scale, capital and capital calling method, location, term, investment progress, labor demand, incentives, assessment on socio-economic achievements and impacts of the project;
  • Copy of one of following documents: investor’s financial statements of 02 latest years; financial support commitment of the holding company; financial support commitment of the financial institution; guarantee on investor’s financial capability; presentation on investor’s financial capability;
  • Proposal of land use demand; if not applying for land assignment, lease or change of land use purpose, copy of premises rental agreement or other document proving investor’s right to use the premises for the investment project is required;
  • Presentation on technology used for the investment project if applying technologies named in the List of less-transferred technologies in accordance with legal regulations on technology transfer, including: technology name, origin, diagram; key technical data, status of machine, equipment and line;

Deadline for revision of the Investment Certificate if no decision required:

Within 10 days of receiving all dossiers, the investment registration agency will revise the Investment Certificate, in case of any refusal, the agency will notice in writing detailing reasons to the investor.

Dossiers for revision of the Investment Certificate if decision required:

  • For project requiring investment decision, when revising the investment project related to goal, location, technology, increase or decrease in capital by over 10% of total capital, term, change of investor or change of conditions applicable to investor (if any), the investment registration agency will apply procedures on investment decision before revising the Investment Certificate.
  • If investor’s proposal on revision of Investment Certificate results in requirement of the investment decision, the investment registration agency will apply procedures on investment decision before revising the Investment Certificate.

Dossiers and procedures on revision of investment certificate requiring the investment decision of the provincial People’s Committee.

Dossiers applying for the investment decision include:

  • Proposal to carry out the investment project;
  • Copy of ID Card or passport if investor is individual; copy of Establishment Certificate or equivalent certificate proving legality if investor is organization;
  • Proposal of investment project includes following contents: project investor, investment goal, investment scale, capital and capital calling method, location, term, investment progress, labour demand, incentives, assessment on socio-economic achievements and impacts of the project;
  • Copy of one of following documents: investor’s financial statements of 02 latest years; financial support commitment of the holding company; financial support commitment of the financial institution; guarantee on investor’s financial capability; presentation on investor’s financial capability;
  • Proposal of land use demand; if not applying for land assignment, lease or change of land use purpose, copy of premises rental agreement or other document proving investor’s right to use the premises for the investment project is required;
  • Presentation on technology used for the investment project if applying technologies named in the List of less-transferred technologies in accordance with legal regulations on technology transfer, including: technology name, origin, diagram; key technical data, status of machine, equipment and line;
  • BCC contract if the BCC investment projects

Investor submits dossiers applying for investment decision at the investment registration agency.

Dossiers and procedures on revision of investment certificate requiring the investment decision of the provincial People’s Committee.

Investor submits investment project dossiers to the investment registration agency where the investment project is carried out. Dossiers include:

  • Document to carry out investment decision of the provincial People’s Committee
  • Method of site clearance, immigration, resettlement (if any);
  • Initial assessment on environment impact and solutions for environment protection;
  • Assessment on socio-economic achievements and impacts of the investment project.

Dossiers and procedures on revision of investment certificate requiring the investment decision of the National Assembly.

Investor submits investment project dossiers to the investment registration agency where the investment project is carried out. Dossiers include:

  • Document to carry out investment decision of the provincial People’s Committee
  • Method of site clearance, immigration, resettlement (if any);
  • Initial assessment on environment impact and solutions for environment protection;
  • Assessment on socio-economic achievements and impacts of the project;
  • Proposal of typical mechanism and policies (if any).

Procedures on revision of investment certificate since 01/07/2015

According to the Investment Law effective since 01/07/2015 and temporary guiding documents of the Ministry of Planning and Investment, procedures on revision of Investment Certificate are as below:

  • Step 1: Fulfilling procedures on revision of investment certificate by moving the business registration contents of the old investment certificate to an enterprise registration certificate. Number of the enterprise registration certificate is also tax code of the enterprise.
  • Step 2: Fulfilling procedures on revision and issuance of investment certificate (part of the investment project) as regulated;
  • Step 3: Having contents of enterprise registration posted on the National Business Registration Portal;
  • Step 4: Applying for re-issue of legal seal using contents of the Enterprise registration certificate (tax code of the enterprise).
  • Step 5: Having seal pattern of the enterprise publicly posted.

Note: Above-mentioned procedures are promulgated by the Department of Planning and Investment (Document 5122/BKHDT-PC dated July 24th, 2015 guiding implementation of the Investment Law by the Ministry of Planning). These procedures may change under the Decree detailing instructions on 2014 Investment Law. Viet An Law will regularly update procedures and regulations so that enterprises may fulfil in timely manner as stipulated.

Viet An Law’s services of investment certificate revision
  • Viet An Law provides consultancy on conditions, dossiers, procedures on investment certificate revision;
  • Prepare legal documents for revision as stipulated by laws using information provided by the enterprise;
  • Act as authorized representative of the client to fulfil procedures on investment certificate revision at the competent agencies;
  • Follow the progress, make presentation to the state agencies on the documents so that the investment certificate is revised;
  • Guide the enterprise to fulfil other legal procedures after the investment certificate is revised;
  • Provide consultancy on issuance, revision of sub-licences after the investment certificate is revised;
  • Provide consultancy on issuance, revision of the enterprise registration certificate after the investment certificate is revised;
  • Provide support on incidental legal issues during time the investor does business in Vietnam.