Change procedures of investment certificate

According to provisions of the Laws of Vietnam, the Enterprises with foreign investment after establishment, investors must carry out adjustment procedures of investment certificate if they want to adjust investment project related to target, scale, location, form, capital and time for project implementation.

Ha Do Law Company with a team of highly experienced lawyers in practice, regularly updating the new rules of law will advise solutions and procedures to change investment certificate quickly, effectively with the most reasonable cost.

Record of application for change in investment certificate:

1. The application for adjustment of investment certificate signed by the Director General (form);

2. Resolution of the Board of Directors of the joint venture enterprises or agreement of venture parties or proposals of foreign employers (for the Enterprise with 100% foreign capital) on application for adjustment and supplement of investment certificate;

3. Report on project deployment and implementation from the date of being granted investment certificate to the time of application for adjustment.

4. In addition to above documents, depending on contents of request for adjustment and supplement of investment certificate, the Enterprises with foreign capital and venture parties need to add the following documents:

• In case of change of investment form, capital transfer, must add documents as prescribed in Decree No. 108/2006/ND-CP.
• In case of change and addition of operating goal, add the documents, as follows:

+ Explanatory statement for adjustment of operating goals, in which specifying measures to implement new goals such as market, capital, technology, etc.

+ Opinion of sector management Ministry for production projects of products needing to control output that the investment certificate specified design capacity of each product.

• In case of opening production branches, add documents:

+ Explanatory statement for opening production branches (contents, scale, operations of the branch, investment capital, product consumption, etc.);

+ Opinion of the provincial People's Committee on the location, the rate of land rents (if any) for the expected location of manufacturing facility;

+ Opinion of sector management Ministry for production projects of products needing to control output that the investment certificate specified design capacity of each product.

• In case of separation, merger, or consolidation of enterprises, add documents stipulated in the Enterprise Law.
• In case of restructuring investment capital, need to have the following documents and materials to explain the reason:

+ Additional technical and economic explanation;

+ The financial conditions ensuring the investment adjustment;

+ List of additional machines and equipment (if any).

• Other cases can modify and supplement terms and conditions in joint venture agreement, joint venture charter, charter of the enterprise with 100% foreign capital, need to supplement additional Contract, Charter or Contract and Charter Appendix.

Ha Do Law Company wishes to become a trusted and regular partner of valued Customers.

For advice and cooperation, please contact us.