Investment Certificate Adjustment Services

The service for adjusting the Investment Registration Certificate is a specialized professional service designed to assist investors in amending, supplementing, or updating information recorded on the Investment Registration Certificate. Adjustments to the Investment Registration Certificate typically involve changes to investment capital, business lines, company name, project location, or any other elements related to the investment activities. This service ensures the legality and accuracy of the information on the Investment Registration Certificate, while minimizing legal risks and facilitating the sustainable development of the enterprise.

Pursuant to Clause 11, Article 3 of the Investment Law 2020: “The Investment Registration Certificate is a paper or electronic document recording the investor’s registration information regarding the investment project.”

The Investment Registration Certificate, also known as the Investment Registration Certificate, is issued by the competent authority in Vietnam to the investor when the investor fully meets the investment and business conditions in Vietnam as prescribed by current law.

Cases Requiring Adjustment of the Investment Registration Certificate

Pursuant to Article 40 of the Investment Law 2020, investors must adjust the Investment Registration Certificate when there are changes to any of the following information:

• Change of investment project name;
• Change of investor-related information such as name, address, passport/ID card/citizen ID, telephone number, email, etc.;
• Change of investment project code;
• Change of project implementation location or land area used;
• Change of investment project objectives or scale;
• Change of investment capital, capital contribution schedule, and mobilization of funding sources;
• Change of project operation duration;
• Change of project implementation progress, including: capital contribution and mobilization schedule; progress of key operational objectives of the investment project (if the project is divided into phases, the progress for each phase must be specified);
• Change of form of investment incentives and support, as well as the basis and conditions for application (if any);
• Change of conditions applicable to the investor implementing the investment project (if any).

Dossier for Adjustment of the Investment Registration Certificate

The dossier for registration of adjustment to the Investment Registration Certificate includes the following documents:

• Written request for adjustment of investment registration contents;
• Report on the implementation status of the investment project up to the time of adjustment;
• For single-member limited liability companies: Decision on adjustment of investment project information. For multi-member limited liability companies and joint stock companies: Minutes of the Members’ Council or Board of Directors meeting;
• Documents proving the legal status of the investor; certified copy of the Enterprise Registration Certificate, certified copy of the Investment Registration Certificate already issued, etc.;
• Financial statements;
• Environmental permit;
• Fire prevention and fighting permit.

Procedure for Adjustment of the Investment Registration Certificate

Procedure for Adjustment of the Investment Registration Certificate without New Contributing Members/Shareholders:

Step 1: Carry out the adjustment procedure and issuance of the Investment Registration Certificate (for the existing investment project) in accordance with investment procedures;

Step 2: Amend relevant contents on the Enterprise Registration Certificate.

Step 3: Adjust or obtain new business eligibility licenses such as: International travel business license / Food safety establishment eligibility certificate / Foreign language center/Study abroad center operation license / Business license (applicable only to enterprises supplementing retail distribution rights, goods leasing, and other lines regulated under Decree 09/2018/ND-CP), etc.

Procedure for Adjustment of the Investment Registration Certificate when a New Foreign Investor Contributes Capital, Purchases Shares or Capital Contribution:

Step 1: The investor submits the dossier to the investment registration authority where the economic organization has its head office to register capital contribution, share purchase, or capital contribution purchase in a foreign-invested enterprise;

Step 2: The investor submits the dossier to the business registration authority to record the new investor’s information on the Enterprise Registration Certificate (in cases where the Investment Registration Certificate and Enterprise Registration Certificate have not been separated, the separation procedure shall be carried out simultaneously in Step 2. The Enterprise Registration Certificate number also serves as the enterprise’s tax identification number);

Step 3: Where necessary, re-issue the enterprise’s corporate seal in accordance with the information on the Enterprise Registration Certificate (i.e., the enterprise’s tax identification number) as currently recorded for domestic enterprises.

Step 4: Carry out the procedure to adjust the Investment Registration Certificate to update information of the new investor and other related contents of the investment project.

Step 5: In cases where the investor supplements conditional business lines, continue the procedure to amend the Enterprise Registration Certificate at the business registration authority;

Step 6: Apply for business eligibility licenses for conditional business lines as required by specialized laws.

Investment Registration Certificate Adjustment Service Provided by BKC Law

BKC Law’s service is designed to assist both foreign and domestic investors in making necessary adjustments to the Investment Registration Certificate in a fast, accurate, and fully compliant manner with legal regulations.

For free legal consultation at BKC Law, please contact our Lawyers using the following information:

Telephone: 0901 3333 41

Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, Ben Nghe Ward, District 1, Ho Chi Minh City

Binh Tan Office: 41 Ten Lua Street, An Lac Ward, Binh Tan District, Ho Chi Minh City