Procedure for amendment of Investment Registration Certificate of which the investment project subject to Investment Policy Decision of National Assembly
01. Conditions for application
In respect of the investment project subject to a decision on investment policy by the National Assembly, the investor (of the investment project) must carry out the procedure for amendment its Investment Registration Certificate if it changes any of the following particulars:
- Investment objective
- Investment location
- Main technology of the investment project
- Increase or decrease of investment capital by 10% of the total investment capital or higher
- Operation duration of the investment project
- Change of investor
- Change of conditions applicable to the investor
02. Applicable laws
1. Investment Law 2014
2. Decree No. 118/2015/NĐ-CP
3. Circular No. 16/2015/TT-BKHĐT
Step 1: Prepare 21 sets of the following documents, including 01 original one and 20 copy ones
1. Written application for amendment of investment policy
2. Documents corresponding to the proposed amendment
- Copy of the people’s identity card, ID card or passport in the case of investors being an individual; copy of the incorporation certificate or other equivalent document certifying the legal status in the case of investors being an organization;
- Proposal for the investment project comprising the following items: investors implementing the project, investment objectives, investment scale, investment capital and method of raising capital, location, duration, investment schedule, need for labour, proposal for investment incentives, assessment of impact and socio-economic efficiency of the project;
- Plan for site clearance, relocation and settlement (if any);
- Preliminary evaluation of environmental impact and solutions for environmental protection;
- Evaluation of impact and socio-economic efficiency of the project.
- Proposal for a special mechanism or policy (if any).
- Copy of any one of the following documents: financial statements for the last two years of the investor; undertaking of the parent company to provide financial support; undertaking of a financial institution(s) to provide financial support; guarantee for the financial capability of the investor; or a document proving the financial capability of the investor;
- Proposal for a need for land use; where the project does not require the State to allocate or lease out land or to permit conversion of the land use purpose, a copy of the site lease agreement or other document certifying that the investor has the right to use the site for implementation of the investment project shall be submitted;
- Explanatory statement on technology to be used in respect of the projects including the following items: name of technology, origin of technology, diagram of technological process; main technical specifications, condition of machinery, equipment and main technological line to be used;
- BCC contract in the case of investment projects in the form of a BCC contract.
- Other documents proving the amendment of the investment policy.
3. A report on supervision and evaluation of investment project
4. Other relevant documents.
Step 2: Submit the file to
1. Department of Planning and Investment (“DPI”); or
2. Management Board of industrial park, processing zone, or high-tech park (if the investement project is located in such areas) (“Management Board”)
Step 3: The DPI/Management Board shall, within 03 working days from the date of receipt valid files, forward 20 files to Ministry of Planning and Investment (“MPI”)
Step 4: The MPI shall, within 05 working days from the date of receipt valid files, report the Prime Minister to establish a state appraisal council.
Step 5: The state appraisal council shall, within 90 days from the date of decision on its establishment, conduct appraisal on the amendment of the investment policy
Step 6: The state appraisal council shall submit the Government a report on the appraisal together with relevant documents
Step 7: The Government provides its opinions on the amendment of the investment policy
Step 8: The Government submit the amendment of the investment policy to the National Assembly to ask for its opinions
Step 9: The National Assembly shall provide its opinions and issue a resolution on investment policy
Step 10: The DPI/Management Board shall, within 15 days from the date of receipt of the resolution on investment policy of the National Assembly, grant a new Investment Registration Certificate to the investor.