In the process of implementing investment projects, if foreign investors want to change some contents of the projects such as investor information, investment capital, investment progress, project implementation location, investment scale, etc. on the Investment Registration Certificate, the investor must carry out the procedure for  adjustment of IRC with respect to the corresponding contents at the competent state agency.

With more than 10 years of experience, we have accompanied many international investors in the process of conducting investment and business activities in Vietnam, and assisted many clients in adjusting the content of IRC.

Hong Bang Law Firm provides registration service for adjustment of Investment Registration Certificate with all contents:

• Service of changing the name of investment projects;
• Service of changing  investor’s address or change investor’s name;
• Services of changing the location of the investment project, the area of ​​land to be used;
• Service of changing investment project objectives and scale;
• Service of changing the project’s investment capital, capital contribution schedule and mobilize capital sources;
• Service of changing the duration of the project’s operation;
• Service of changing the implementation schedule of investment projects;
• Service of changing incentives, investment support;
• Service of changing conditions for investors implementing projects.

Therefore, Hong Bang Law Firm would like to share with you some detailed information about the procedure for adjusting the Investment Registration Certificate:

Legal basis

• Investment Law 2020
• Enterprise Law 2020 
• Decree 31/2021/ND-CP guidance on the Law on Investment
• Circular 03/2021/TT-BKHDT stipulating the form of documents and reports related to investment activities in Vietnam, investment from Vietnam to abroad and investment promotion

Dossiers

• A written request for adjustment of the Investment Certificate;
• Report on the implementation of investment projects up to the time of adjustment;
• The investor’s decision on adjustment of the investment project for institutional investors or an equivalent document for individual investors;
• Documents of the investor’s legal status;
• Documents proving the financial capacity of the investor
• Proposing investment projects. If the construction law stipulates the preparation of a pre-feasibility study report, the investor may submit a pre-feasibility study report instead of the investment project proposal;
• In case the investment project does not request the State to allocate or lease land or permit the change of land use purpose, a copy of the paper on land use rights or another document determining the right to use the site shall be submitted for implementation. current investment project
• The explanation of the technology used in the investment project, for the project subject to appraisal and consultation on technology, in accordance with the law on technology transfer;
• BCC contract for investment projects in the form of BCC contract;
• Other documents related to the investment project, requirements on conditions and capacity of the investor as prescribed by law (if any).

Depending on the specific content of the change, additional documents should be provided:

• In case of changing the head office: It is necessary to provide: Documents about the head office including: Head office lease contract, notarized copy Papers proving the lessor’s right to lease (Certificate of land use right, Construction permit construction, business registration certificate with real estate business function of the lessor or equivalent papers);
• In case of change of investment capital, it is necessary to provide: Bank confirmation for the capital account proving that the company has fully contributed capital (if the financial statements do not show that the company has fully contributed capital); bank confirmation or documents proving the increased capital contribution;
• In case of changing the legal representative, it is necessary to provide: Notarized passport, residence confirmation / notarized temporary residence card of the new legal representative;
• In case of change of investor information, investor’s representative: notarized copy: New business registration certificate, new passport or document showing new information/proof of change of information ;

Procedures

Step 1: Carry out the adjustment procedures and issue the investment registration certificate according to the investment procedures at:

• Department of Planning and Investment where the investor’s head office or executive office is located to implement investment projects,
• Management Board of industrial parks, export processing zones, hi-tech parks and economic zones, for investment projects in industrial parks, export processing zones, hi-tech parks and economic zones.

Step 2: Change the relevant content on the Business Registration Certificate:

If the adjustment of the investment certificate changes relevant information on the enterprise registration certificate, the investor must carry out the procedures for changing the enterprise registration in accordance with the provisions of the Law on Enterprises.

Time to carry out procedures: 10-15 working days from the date of submission of valid documents.

Services provided by Hong Bang Law Firm

When foreign investors first come to Vietnam, there will be many difficulties about the legal procedures and business methods. Understanding language barriers and other difficulties of foreign clients, our lawyers and legal assistants at Hong Bang Law Firm can use English and other common languages fluently when advising clients about the policies, legal procedures, regulations  and  investment environment in Vietnam. Moreover, the team of lawyers and consultants of Hong Bang Law are equipped with highly specialized knowledge of policies, legal regulations and investment environment in Vietnam.

Hong Bang Law Firm will accompany clients throughout the process of implementing investment projects, adjusting investment projects with consulting and supporting services such as:

• Advising customers on conditions, dossiers and procedures for adjusting investment certificates;
• Drafting legal documents for enterprises related to the content to be adjusted according to the provisions of law and the information provided by the enterprise;
• The authorized representative of the client to carry out the procedures for adjusting the investment certificate at the competent state agencies;
• Monitoring the process of accepting dossiers by competent state agencies, explaining to state agencies on issues related to dossiers for adjustment of the Investment Certificate;
• Guiding enterprises to carry out legal procedures arising after adjusting the investment certificate;
• Advising on granting and adjusting relevant sub-licenses after adjusting investment certificates for enterprises;
• Advising on procedures for changing the business registration certificate after adjusting the investment certificate;
• Support for legal issues arising in the process of carrying out business activities for investors in Vietnam;
• Consulting on tax and accounting procedures for foreign-invested enterprises;

If you need more detailed advice and answers as well as how to access this service, please contact directly the Deputy Director of Sales: Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

Wishing you and your family good health, peace and success!

Best regards!