Luật sư Nguyễn Mạnh Tuấn

Investment project adjustment procedures

Decree 108/2006/ND-CP dated September 22nd 2006 pf the Prime Minister detailing and guiding the implementation of a number of articles of the Investment Law

On adjusting investment projects regarding their goals, scale, location, form, capital and implementation duration, investors must follow the investment certificate adjustment procedureAdjustment forms

- Following the procedure for adjustment registration or investigation of the investment projects is not required

- Registering for the adjustment of investment projects is required

- Investigating of the adjustment of investment projects is required

Investment projects not required to follow the procedure for adjustment registration or investigation

- Projects of which the goals, scale, address, form, capital and implementation duration are not adjusted

- Domestic investment projects which, after the adjustment, have an investment capital of under VND 15 billion and are not in the conditioned investment field;

- Domestic investment projects which, after the adjustment, have an investment capital of under VND 300 billion and of which the investment goals & location remain unchanged.

Registering for the adjustment of investment projects

- Projects subject to the adjustment registration include those which, after the adjustment of goals, scale, address, capital, form and duration, belong to the following cases: foreign invested projects which, after the adjustment, have an investment capital of under VND 300 billion and are not in the conditioned investment field; domestic invested projects which, after the adjustment, are not in the conditioned investment field, or domestic invested projects in the conditioned investment field which, after the adjustment, maintain their goals and still meet the investment requirements imposed on them.

- The registration file should include:

- The registration document certifying the adjusted contents of investment project

- A copy of the Investment Certificate; the amended, modified paper of the joint-venture contract or business cooperation contract or corporate charter (for foreign invested projects)

- Within 15 working days from the reception of the valid files, the investment licensing agency shall either grant a new Investment Certificate (in case the projects have not been granted with such a certificate) or adjust the Investment Certificate.

Investigation of the adjustment of investment project

- Investment projects subject to the adjustment investigation include those which, after the adjustment of goals, scale, address, capital, form and duration, belong to the following cases:

Projects adhering to the investigation of Investment Certificate granting

+ Local invested projects subject to the conditioned investment field

- The investigation file for adjustment should include: application for the adjustment of the invested project; accountability for the adjustment; changes to the on-going project; a report of the project implementation up to the adjustment time; a copy of the Investment Certificate, the amended, modified paper of the joint-venture contract or business cooperation contract or corporate charter (for foreign invested projects)

- The investment licensing agency shall either grant a new Investment Certificate (in case the projects have not been granted with such a certificate) or adjust the investment certificate within 15 working days from the reception of the valid file.

- In case the investment project, after the adjustment, becomes the one subject to the approval of the Prime Minister but not in the planning; or belongs to the conditioned investment field yet its investment conditions have not been legally regulated, the investment licensing agency has to consult the relevant ministries and industries about the case and submit it to the Prime Minister for approval before granting the new Investment Certificate or amending the current one.

- In case the adjustment contents are related to the conditioned investment field, the investment licensing agency has to consult the relevant ministries and industries about the case and submit it to the Prime Minister for approval before granting the new Investment Certificate or amending the current one.

Within 7 working days from the day when the adjusted investment Certificate is granted, the investment licensing agency submits a copy of that certificate to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Trade, Ministry of Natural Resources and Environment, State Bank of Vietnam and the relevant agencies.

For further information, please contact with  us :

MINH GIA LAW FIRM

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