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Services for Amending and Adding Investment Business Lines in Foreign-Invested Companies

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When a foreign-invested company decides to change or supplement its investment business lines, this transition is not only a significant strategic move but also a major challenge. Shifting from a familiar sector to a new industry requires in-depth market potential analysis, thorough understanding of legal regulations, and strong adaptability to emerging trends. To ensure success, the company must develop a detailed plan, adjust its business strategy, and prepare thoroughly to face both opportunities and challenges in the new sector.

Necessary Conditions for Changing or Supplementing Investment Business Lines in a Foreign-Invested Company

Services for Amending and Adding Investment Business Lines in Foreign-Invested Companies

The business lines the enterprise intends to add must meet the following conditions:

  • The proposed business line must not be included in the list of prohibited investment and business sectors under Appendices I, II, and III of the Investment Law;
  • For investment projects requiring investment policy approval, depending on the sector and project scale, approval must be obtained from the National Assembly, the Prime Minister, or the provincial People’s Committee. This is the first step that must be completed before amending the business lines on the Investment Registration Certificate.
  • If the proposed additional business line is a conditional sector, the investor must satisfy all conditions prescribed by law.
  • Must comply with conditions under WTO commitments, FTAs, AFAS, and other bilateral agreements between Vietnam and the investor’s country of nationality.

Procedure for Changing or Supplementing Investment Business Lines in a Foreign-Invested Company

The procedure for adding business lines to a foreign-invested company must be carried out as follows:

1. Amendment of the Enterprise Registration Certificate

**Procedure for amending the Enterprise Registration Certificate of a foreign-invested company**

In case of changing business lines, the enterprise submits a Notification to the Business Registration Office where the enterprise has its principal office.

The registration dossier includes the following documents:

– Notification of amendment to enterprise registration contents, signed by the enterprise’s legal representative;
– Resolution, decision, and certified copy of the meeting minutes of the Members’ Council (for limited liability companies with two or more members and partnerships), the General Meeting of Shareholders (for joint-stock companies), or the decision of the owner (for one-member limited liability companies) regarding the change of business lines.

Processing time: 03–06 working days from the date the Business Registration Office receives a valid dossier.

2. Adjustment of the Investment Registration Certificate

**Dossier for amending business lines on the Investment Registration Certificate**

The dossier includes:

  • Application for adjustment of the investment project;
  • Report on the implementation status of the investment project up to the adjustment date;
  • Decision of the investor regarding adjustment of the investment project;
  • Explanation of the reasons for adjusting the project objectives;

**Note:** The investor must demonstrate the necessity of the change and the feasibility of the project after adjusting the objectives.

  • Investment project proposal including the project objectives;
  • Power of attorney (in case the person submitting the dossier is not the investor).

The dossier is submitted to the Investment Registration Authority that issued the Investment Registration Certificate. Within 10 working days, the Investment Registration Authority shall adjust the Investment Registration Certificate for the investor.

Upon completion, the enterprise receives an adjusted Investment Registration Certificate reflecting the newly registered business lines. The time required to amend business lines on the Investment Registration Certificate is 10–15 working days, depending on local regulations.

Important Notes When Changing or Supplementing Business Lines in a Foreign-Invested Company

Services for Amending and Adding Investment Business Lines in Foreign-Invested Companies

– After completing the above two procedures, for conditional business lines requiring licenses (such as environmental, fire prevention and fighting, security and order, food safety and hygiene certificates, or business licenses from the Department of Industry and Trade), the investor must fully obtain all necessary sub-licenses before commencing operations.

– **Industry code encoding procedure:** Foreign-invested enterprises falling under one of the following two cases must carry out the industry code encoding procedure:

  • Foreign-invested enterprises established before August 20, 2018;
  • Foreign-invested enterprises that have never amended or adjusted business line contents on their business registration certificate.

– For conditional business lines, when adjusting the Investment Registration Certificate, foreign investors register under CPC codes (as per WTO commitments). Subsequently, when amending the Enterprise Registration Certificate with the Department of Planning and Investment, the corresponding Vietnamese industry codes (as applied to domestic enterprises) will be used.

– Pursuant to Decree 31/2021/ND-CP, investment projects must carry out amendment procedures for conditional business lines. For non-conditional lines, amendment is not mandatory. However, in practice, when expanding business activities, it is advisable to supplement the business lines as prescribed.

Services for Changing or Supplementing Business Lines in Foreign-Invested Enterprises at BKC Law

The service for changing or supplementing business lines in foreign-invested enterprises at BKC Law provides comprehensive and professional solutions for international investors wishing to adjust or expand their business operations in Vietnam. We support clients from the legal consultation stage—helping identify suitable new business lines in compliance with legal regulations and the enterprise’s development strategy—to dossier preparation and completion of necessary procedures with competent authorities. With an experienced team of lawyers deeply knowledgeable in investment regulations, BKC Law ensures the amendment process is fast, efficient, and fully compliant with the law, enabling your enterprise to operate smoothly and achieve its business objectives.

With a team of senior lawyers with many years of experience, solid legal knowledge, and strong bilingual consultation capabilities, BKC LAW is confident in being one of the best legal partners on the market to support services related to changing or supplementing investment business lines in foreign-invested companies in Vietnam.

To receive free legal consultation at BKC Law, please contact our lawyers using the following information:

Telephone: 0901 3333 41
Email: info@bkclaw.vn
Branch in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Branch in Binh Tan: 41 Ten Lua Street, Binh Tan District, Ho Chi Minh City

 

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Comprehensive Corporate Legal Consulting Services in Binh Tan District
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Latest Procedure and Process for Establishing an FDI Company in Vietnam

 

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