The adjustment registration of the investment projects

When adjusting for investment projects relates to the objectives, scope, location, form, capital and the implement duration for investment projects, investors must make the procedures to adjust the investment certificate. V.L.C provides the best consulting services package to meet the needs and satisfaction of clients about the adjustment procedures for the investment certificate.

I. The adjustment contents

- To adjust the investor’s information

- To adjust the location of the project

- To adjust the target and the scale of the project

- To adjust the total investment capital and contribute capital to implement the project

- To adjust the progress of the project

II. The performance steps for the adjustment of the investment certificates

 Based on the content and the nature of the work and the Fees Schedule of service, customers may choose and agree on the signing of the Service Agreement with V.L.C.

1. Inspect and assess the lawfulness of consultation requirements and papers of clients:

 - Base on the requirements and documents which clients provide, our lawyers will analyze and evaluate the legality and the conformity with the requirements to implement the work.
- In case clients need lawyers to involve the negotiation, exchange with the customer's partner in changing the content of investment licenses, we will arrange and ensure participation as required.
- We represent clients to translate and notarize the concerned documents.

2. Being representative to perform the procedures

-  To prepare and submit the document for changing the investment license
- To monitor the settling process and report the results of the submitted documents; to receive a certificate of investment in the Department of Planning and Investment
- To conduct submit the registration document of engraving seal and contact to engrave seal for the enterprise (if the adjustment leads to change the legal entity’s seal); Receive the registration certificate of seal form and stamp of the company.

3. Papers and information need provide:

- The required contents of change;
- The investment certificates (certified copy);
- The amendment and supplement copy of the joint venture contract or business cooperation contracts or articles of association;
- To report the activities and financial statements of the enterprise to the time of adjustment registration.

4. Commitments

- To ensure all accuracy of contents and duration of the work;
- To provide the legislation documents related to demand;
- Free consultation after adjustment;


III. The modification form of the Investment certificate

Pursuant to the Prime Minister's Decree No. 118/2015/ND-CP dated November 12th, 2015 defining in details and guiding the implementation of a number of articles of the Investment Law. 

1. The investment projects do not recommence the adjusted registration process or verify the adjustment

- Projects do not need adjust to the objectives, scope, location, capital, form and duration;
- The domestic investment projects after adjustment, the project with scale of investment capital under 15 billion Vietnamdong and not in the fields of conditioned investment;

- The domestic investment projects that after adjustment, the project with capital scale below 300 billion Vietnamdong and did not change the objectives, the investment location.

2. The adjustment registration of the investment projects

- Projects belongs to the aspect of the adjustment registration includes the projects that after adjustment of objectives, scale, location, capital, form and duration, that project is in the following cases: project with investment capital abroad after adjustments, that project with investment capital scale under 300 billion VND and not in the fields of conditioned investment; the domestic investment projects after the adjustment, that project is not the fields of conditioned investment, domestic investment projects in the fields of conditioned investment after adjustment, that project does not change the target and still meet the investment conditions defined for that project.

- Within 15 working days after receiving the complete and valid dossiers, the authorized agency shall adjust the investment certificate. 

3. Verification of the investment projects

The investment projects belong to the aspect of adjustment verification included the projects is adjusted about objectives, scale, location, capital, form, duration and projects belong to the following cases:

* A project belongs to the aspect of verification to issue the certificate of investment
* A domestic investment projects belong to the fields of conditioned investment:

- The verified documents for adjusting the investment projects include: a request text for adjustment of investment projects; explaining the reasons for adjustments; the changes compared to the deploying projects; report the implementation situation of project at the adjustment time of the project; copy of certificates of investment; the amended and supplemented copy of a joint venture contract or business cooperation contracts or articles of association (for projects with foreign investment capital)

- The granting agency will verify the adjustment contents and issue the new license (in case of no investment certificate) or adjust the investment certificate within 30 working days from the receiving date of all valid documents;

- In case of an investment project after adjustments became the competence project to be approved of the Prime Minister without in the planning or in the fields of conditioned investment. But investment condition were not defined by the law, so the granting agency will take the verification opinions of the ministries and the concerned sectors and produce the Prime Minister to make decision before issuing a new the investment certificate or adjusting the investment certificate;
- In case of adjustments content related to fields of conditioned investment, the agency granted certificate of investment took verification opinions of the ministries and concerned sectors before issuing a new one or adjusting investment certificate. 
Within 7 working days from the issuing date of the adjusted investment certificate, the granting agency copies and sends the adjusted certificate of investment to the Ministry of Planning and Investment, Ministry of Finance, Ministry of Trade, Ministry of Natural Resources and Environment, Vietnam State Bank, Managing ministry of industries and concerned agencies.

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