The location of the investment project plays a very important role in the entire project, so when the project has changes and additions to the location, the company needs to prepare a complete dossier to adjust the location of the investment project as quickly as possible.
1. Law on Investment 2020.
2. Law on Enterprises 2020.
3. Decree 31/2021/ND-CP guiding the Law on Investment.
4. Decree 01/2021/ND-CP on enterprise registration.
5. Circular 03/2021/TT-BKHDT stipulates forms of documents and reports related to investment activities in Vietnam, Vietnamese investment abroad and investment promotion.
6. Circular 01/2021/TT-BKHDT guiding business registration.
7. Official Letter No. 8909/BKHDT-PC on the implementation of the Law on Investment.
8. Other relevant legal documents.
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Components of the dossier for change of investment certificate
1. Written request for adjustment of investment project: Apply according to the form in the Appendix attached to Circular 03/2021/TT-BKHDT dated 09/04/2021.
2. Report on project implementation: The situation up to the time of adjustment of the location of the investment project.
3. Decision of the investor: Regarding the adjustment of the location, for institutional investors.
4. Documents proving the legal status of the investor: ID card/ID card/passport for individuals; Certificate of enterprise registration or Decision on establishment with the organization (consular legalization is required).
5. Explanation of location adjustment: Explanation of the reason for the adjustment.
6. Legal documents related to the location: Location lease contract, land use right certificate, enterprise registration certificate, and other supporting documents.
7. Financial statements for the last two years: Commitment to financial support of the parent company, financial institution, or guarantee of financial capacity.
8. Investment registration certificate: A certified copy to be submitted and the original to receive the result.
9. Written authorization: Allowing other individuals and organizations to carry out adjustment procedures.
Components of the dossier for change of the enterprise registration certificate
1. Notice of changes in enterprise registration contents: According to the form in Appendix II-1 issued together with Circular 01/2021/TT-BKHDT.
2. Resolutions and decisions of the company owner: Including decisions and minutes of meetings of the Board of members and the General Meeting of Shareholders.
3. Certification of the tax authority: In case of change of address other than the previously registered district or province/city.
4. Change of charter: When changing the head office address other than the previously registered province/city.
5. Written authorization: Allowing other individuals and organizations to carry out procedures for changing charter capital.
Procedures for adjustment without approval of investment guidelines
Step 1: Prepare the dossier (dossier components in section 2.1).
Step 2: Submit 01 set of dossier to the Department of Planning and Investment of the province/city.
Step 3: The investment registration agency shall consider and process within 15 working days. If the dossier is invalid, it is necessary to notify and request supplementation and amendment.
Procedures for adjustment of investment guidelines need to be approved
1. Approval from the Prime Minister
Step 1: Prepare the dossier (according to section 2.1).
Step 2: Submit 08 sets of dossiers to the Ministry of Planning and Investment.
Step 3:
- Within 03 working days, the Ministry shall send the dossier to the relevant agency for comments.
- Within 15 days, the agencies shall give their opinions on the adjustment of the project.
- Within 35 days, the Ministry of Planning and Investment shall report the appraisal to the Prime Minister.
- The Prime Minister shall decide within 05 working days.
2. Approval from the provincial-level People's Committee
Step 1: Prepare the dossier (according to section 2.1).
Step 2: Submit 04 sets of dossier to the Investment Registration Authority.
Step 3:
- Within 03 working days, the agency shall send the dossier to the relevant agency.
- Within 15 days, the relevant agencies shall give their opinions.
- Within 25 days, the investment registration agency shall report the appraisal to the People's Committee.
- The People's Committee shall make a decision within 07 working days.
3. Approval from the management boards of industrial parks, export processing zones, hi-tech parks and economic zones
Step 1: Prepare the dossier (according to section 2.1).
Step 2: Submit 04 sets of dossiers to the Zone Management Board.
Step 3:
- Within 03 working days, the Management Board shall send the dossier to the relevant agency.
- Within 15 days, the relevant agencies shall give their opinions.
- Within 25 days, the Management Board shall decide.
- The investment policy decision must be adjusted before adjusting the investment registration certificate if the project has a policy decision.
- If the location and address of the head office are changed, it is necessary to carry out the procedures for changing the head office address first.
- If changing the location to another province/city, it is necessary to carry out procedures with the tax authority.
- The location must be suitable for the field of operation, must not be located in an apartment building or a collective house.
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A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
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