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Procedure for amendment of Investment Registration Certificate of which the investment project subject to Investment Policy Decision of provincial People’s Committee

01. Conditions for application

In respect of the investment project subject to a decision on investment policy by provincial People's Committee, 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

03. Procedure

Step 1: Prepare 04 sets of the following documents, including 01 original one and 03 copy ones

  1. Written application for amendment of an Investment Registration Certificate;
  2. Report on the status of implementation of the investment project up to the date of the application for amendment of the investment project;
  3. Decision on amendment of the investment project of the investor; and
  4. Explaination statement and/or documents proving the amendment depending the different following cases:
  • 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;
  • 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; and/or
  • Explanatory statement on technology to be used in respect of the projects using technology in the list of technologies the transfer of which is restricted in accordance with the law on technology transfer,  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;

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 or Management Board shall, within 03 working days from the date of receipt of valid file, forward 02 such files to Ministry of Planning and Investment and some files to relevant State agencies to ask for their opinions for appraisal

Step 4: The relevant State agencies shall, within 10 working days from the date of receipt of the DPI’s or Management Board’s request, provide their opinions about the amendment to the Investment Registration Certificate within the scope of their managerial authority

Step 5: The DPI or Management Board shall, within 05 working days from the date of receipt of opinions of relevant state agencies, prepare a report on appraisal on the amendment of the Investment Registration Certificate and send it to the provincial People’s Committee

Step 6: The provincial People’s Committee shall, within 05 working days from the date of receipt of report of the DPI or Management Board, grant a decision on investment policy and send it to the DPI/Management Board

Step 7: According to the decision on investment policy of the provincial People’s Committee, the DPI/Management Board, within 03 working days from the date of receipt of such decision, grant an amended Investment Registration Certificate.

04. Processing Time 26 working days

05. Service fee USD 10,000

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