During business operations, foreign-invested enterprises frequently encounter the need to expand their scale, adjust capital sources, or change project information. At this stage, carrying out the procedure to change the Investment Registration Certificate is a mandatory legal step to ensure the enterprise consistently complies with current legal regulations. The article below provides a complete and detailed guide on the latest updated application documents and procedures, helping investors easily grasp and quickly execute the process.
1. What is Changing the Investment Registration Certificate?
1.1 Basic concept of license adjustment
What does changing the Investment Registration Certificate entail? This is a crucial administrative procedure for foreign-invested enterprises. This process is executed when investors wish to adjust, supplement, or change the contents previously recorded on the license to accurately reflect the actual operational status of the project.
1.2 Current applicable legal basis
Based on the provisions of the current Law on Investment, investors can change all the aforementioned contents of the Investment Registration Certificate. Naturally, this process cannot be carried out arbitrarily; it requires executing the appropriate content adjustment procedures strictly in accordance with the law.
1.3 When do enterprises need to perform this procedure?
Enterprises are strictly required to perform this procedure whenever there is any change related to investor information, project objectives, scale, location, capital sources, or schedule. Failure to implement or delaying adjustments when actual changes occur may result in the enterprise facing administrative penalties in the field of planning and investment.
1.4 The importance of updating information
Updating information on the investment license is not only an obligation but also safeguards the investor’s legitimate rights. An accurately updated license facilitates the enterprise in banking transactions, contract signing, applying for work permits for foreigners, and maintaining transparency in the eyes of state management agencies.
2. Contents of the Investment Registration Certificate Subject to Change
2.1 Changing investor information and codes
During operations, an enterprise may need to update its investment project code if changes arise. Additionally, basic identifying information such as the name and address of the investor are also common contents that require an adjustment procedure on the license.
2.2 Adjusting project location and area
When an enterprise changes its business premises or expands its factory, changing the investment project name is necessary, if applicable. Concurrently, parameters regarding the project implementation location and land use area must mandatorily be adjusted to match actual usage.
2.3 Changing objectives, scale, and investment capital
Expanding business lines or altering business direction will lead to adjusting the objectives and scale of the investment project. Most importantly, if there are financial fluctuations, the enterprise must report changes in the project’s investment capital (including the investor’s contributed capital and mobilized capital), the capital contribution schedule, and the mobilization of capital sources.
2.4 Updating the schedule and operational duration
Due to objective factors, many projects must extend or accelerate their implementation pace. In this case, adjusting the operational duration of the project is mandatory. At the same time, the investor also needs to update the investment project implementation schedule so that the management agency can grasp the actual situation.
3. Documents for Changing the Investment Registration Certificate
3.1 Request document and project status report
To initiate the procedure, the adjustment application file components must include a written request for investment project adjustment. Accompanying this, the investor must prepare a report on the implementation status of the investment project up to the time of requesting the adjustment so the state agency has a comprehensive overview.
3.2 Investor’s decision on adjustment
An indispensable document to prove internal validity is the investor’s decision on adjusting the investment project. Along with this decision, the enterprise must attach full documents related to the adjusted contents depending on each specific case.
3.3 Documents proving financial capacity and headquarters
- In case of changing headquarters, provide: Documents regarding the headquarters, including the headquarters lease contract, and notarized copies of documents proving the lessor’s right to lease (Land Use Rights Certificate, Construction Permit, Business Registration Certificate demonstrating the lessor’s real estate business function, or equivalent documents).
- In case of changing investment capital, provide: Bank confirmation for the capital account proving the company has fully contributed capital (if the Financial Statements do not indicate that the company has fully contributed); bank confirmation or documents proving the additionally contributed capital.
3.4 Personal documents of the legal representative
- In case of changing the legal representative, provide: Notarized passport and notarized confirmation of residence/temporary residence card of the new legal representative.
- In case of changing investor information or the investor’s representative, provide: Notarized copies of the new Business Registration Certificate, new passport, or documents showing the new information/proving the information change.
4. Procedure for Changing the Investment Registration Certificate
Step 1: Submit the application file at the investment registration agency
The implementation process starts at Step 1: The investor submits 01 (one) set of the Certificate adjustment application file at the investment registration agency where the Investor’s enterprise headquarters is located. Application submission should be done through the one-stop division or the online information portal, depending on local regulations.
Step 2: Competent authority conducts appraisal
Next, in Step 2: The investment registration agency appraises the application file. In case the application file needs to be amended or supplemented, the investment registration agency notifies the Investor to make the necessary changes. At this time, the Investor proceeds to amend and supplement the application file as requested by the investment registration agency to ensure validity.
Step 3: Issue the adjusted investment registration certificate
Finally, in Step 3: If the application file is complete and requires no further amendment or supplementation, the investment registration agency issues an Investment Registration Certificate recording the adjusted contents within 10 (ten) working days from the date of receiving a complete application file from the Investor.
Related enterprise registration update procedures
Investors should note that the procedure does not simply end with the investment license. Adjusting the enterprise registration content is carried out following the provisions of enterprise law regarding changes to business registration contents and is executed after completing the adjustment of the Investment Registration Certificate.
Are you looking to change the content of your investment certificate but don’t know how? Do you need help identifying what documents to prepare or where to submit them? Or perhaps you simply don’t have the time and want to find a reputable partner to handle it for you? Reach out to the services of Thanhlap.wacontre.com. We will resolve all your difficulties in the simplest and most effective way, with utmost sincerity and dedication.
If you have any questions, please contact our Hotline at (028) 3820 1213 or email us at [email protected] for prompt consultation and support. With an experienced team, Service thanhlap.wacontre.com is always ready to serve customers in the most enthusiastic and efficient manner. (For Japanese customers, please contact Hotline: (050) 5534 5505).
