Procedure for amendment of investment project in the case of separation, demerger, consolidation, merger or conversion of type of company
01. Conditions for application
An investor (of an investment project) who conduct re-structuring activities such as separation, demerger, consolidation, merger or conversion of company type must carry out procedure for amendment of the its investment project.
02. Applicable laws
1. Investment Law 2014
2. Decree No. 118/2015/NĐ-CP
3. Circular No. 16/2015/TT-BKHĐT
Step 1: Prepare a set of the following documents
1. Written application for amendment of the investment project;
2. Copy of the investment registration certificate or other document of equivalent legal validity of the investor receiving the investment project [after re-organization];
3. Copy of the resolution or decision of the investor on re-organization containing the items regarding dealing with assets, rights and obligations relating to the investment project.
Step 2: Submit the file to
1. Province-level Department of Planning and Investment (“DPI”); or
2. Management Board of industrial park, processing zone or high-tech park (“Management Board”) (if the investment company is located within these areas)
Step 3: The DPI or Management Board shall, within 05 working days from the date of receipt of valid file, provide opinions about the amendment and grant an amended Investment Registration Certificate