Procedure for amendment of offshore investment project not subject to investment policy decision
01. Conditions for application
When there is a requirement for a change to the content of the offshore investment project relating to the investor implementing the project, investment location, objectives, scale, investment capital, sources of investment capital, investment schedule, investment incentives, or use of profit for implementation of an offshore investment project, an investor shall submit a file for amendment of the offshore IRC.
02. Applicable laws
1. 2014 Investment Law
2. Decree No. 83/2015/NĐ-CP
3. Circular No. 03/2018/TT-BKHĐT
Step 1: Prepare 03 sets of applications, including 01 original set and 02 copy ones.
(a) A written application for amendment of the offshore Investment Registration Certificate (“IRC”);
(b) A copy of the people’s identity card, ID card or passport in the case of investors being an individual; a copy of the incorporation certificate or other equivalent document certifying the legal status in the case of investors being an organization;
(c) A report on the status of implementation of the investment project up to the date of submission of the file for amendment of the offshore IRC;
(d) A decision on amendment of the offshore investment project of the agency, organization or individual;
(dd) Copy of the offshore IRC;
(e) Written certification of the tax authority of performance of tax obligations up to the date of submission of the file in the case of amendment for the increase in offshore investment capital.
Step 2: Submit the applications to the Ministry of Planning and Investment (“MPI”)
Step 3: The MPI shall examine the validity of the applications
The MPI shall examine the validity of the applications within 05 working days from the date of receipt of the applications. If the applications are not valid or necessary to clarify, the MPI shall notify in written for supplementation to the investor.
Step 4: Get result
The MPI shall adjust the offshore IRC within 15 days from the date on which the MPI receives enough valid applications.