(2016 Emotions) According to the “Investment Law” that came into effect on July 1, 2014, if a foreign company in Vietnam (meaning an enterprise established under the Vietnam Agreement and the international agreement of the Socialist Republic of Vietnam) wishes to change the investor registration certificate Any information, such as investor information, corporate information, investment project information (target, size, location, method, funds and duration), investors are obliged to perform investment certificate adjustment procedures registration and business registration certificate. About DOSSIER: For investment projects that are not subject to investment policy: The file for adjusting the investment registration certificate includes: a written request to adjust the investment registration certificate; the report on project execution is adjusted until the project request date; the investor’s decision on the investment project adjustment If the investor is an individual: a copy of the ID card or passport; if the investor is an organization: a copy of the corporate certificate or equivalent document that can prove its legal status; an investment proposal, which states: the investor in the project, the investment objective , investment size, investment capital, capital increase method, investment location and duration, labor demand, investment incentive requirements, project socioeconomic impact assessment; copy of any of the following documents: investor’s financial statements for the last two years; parent company’s financial support Commitment; financial institution’s financial support commitment; investor’s financial ability guarantee; investor’s financial ability description. Land use use: If the project does not use land allocated or leased or allowed to change land use, a copy of the lease contract certifies that the investor has the right to use the site to execute the project’s documents or other documents; Technology: Technical application description, which specifies: technical name, source, technology – flow chart, main specifications, conditions of machines, equipment and main technical routes; duration of adjustment procedure: 10 from the date of receipt of valid file Within the working day, the registration office shall adjust the investment registration certificate. If the registry refuses to do so, it should submit a written refusal to provide an explanation. For investment projects determined by investment policy: If the investment project is determined by the investment policy, the registry should adjust or increase the investment target, location, major technology, investment capital increase or decrease by more than 10%, project duration, investor change or investor Before the relevant conditions (if any) are relevant, the release procedure for the investment policy decision is executed). If the investment project is determined by the investment policy issued by the provincial people’s committees, the file for adjusting the investment registration certificate includes: a written application for the execution of the investment project; the investor is an individual: a copy: an ID card or a passport; if the investor is an organization: it can be proved A copy of a legally recognized corporate certificate or equivalent; an investment proposal that specifies: the investor in the project, the investment objective, the size of the investment, the investment capital, the method of capital increase, the location and duration of the investment, labor demand, investment incentives Requirements, socio-economic impact assessment of the project; copies of any of the following documents: the financial statements of the investor in the last two years; the financial support of the parent company; the financial support commitment of the financial institution; the financial ability of the investor; D. Description of financial capabilities. Land use requirements: If the project does not use land allocated or leased or allowed to change land use, a copy of the lease agreement or other documents proving the investor’s right to use the place where the project is executed; Technology: Technical application notes, regulations: technical name, origin, technology – process drawings, main specifications, machinery, equipment and primary conditions technical routes; for projects executed under business cooperation contracts: business cooperation contracts. Investors submit a file of investment policy decisions to the polling station. If the investment project is determined by the investment issued by the Prime Minister: the investor submits the file to the registry where the investment project is located. The file includes: the documents required for the investment project (as described above), which are determined by the investment policies issued by the provincial people’s committees; the land clearing and relocation plan (if any); the initial assessment of environmental impacts and environmental protection measures; The socio-economic impact of investment projects. If the investment project is affected by the decision of the National Assembly investment: the investor submits the file to the registry where the investment project is located. The file includes: the documents required for the investment project (as described above), which are determined by the investment policies issued by the provincial people’s committees; the land clearing and relocation plan (if any); the initial assessment of environmental impacts and environmental protection measures; The socio-economic impact of the investment project; the proposed special policy (if any). About the procedure: Investment policy certificate adjustment procedure effective from 2016: According to the investment law effective from July 1, 2015, Decree No. 118/2015 (providing detailed guidance on investment law), 16/2015 / TT -BKHĐT Circular (Investment Procedure Application Form and Vietnam Investment Declaration Form), Vietnam Investment Registration Certificate Adjustment Procedure includes the following steps: Step 1: Execute the procedure by separating the business registration certificate of the business registration information from the old investment registration certificate To adjust the investment registration certificate. The enterprise registration certificate number is the enterprise tax registration number; the second step: according to the “Investment Law”, the investment registration certificate (old investment project) is adjusted and released; Step 3: Publish the enterprise information on the national business registration portal; 4: Reissue the corporate seal sample (for example: the new tax registration number) that matches the information on the business registration certificate; Step 5: Announce the corporate sample on the seal country business registration portal. If a foreign company adjusts the investment registration certificate by investing in stocks, purchasing stocks or purchasing capital to adjust information related to foreign investors of the investment company, the following steps are included: Step 1: Investors submit the file to the registry office headquarters Enforcement of capital contribution, share purchase or capital purchase procedure; Step 2: The investor submits the file to the enterprise registration office and executes the investor business registration certificate information recording procedure. If the company does not separate the investment registration certificate from the business registration certificate, the request should be made at the same time. The enterprise registration certificate number is also the enterprise’s tax registration number; Step 3: Perform the investment registration certificate adjustment procedure to update the information of the new investor and investment project; Step 4: If it is any additional information on the business supplementary business line or business registration certificate, The business registration certificate adjustment procedure must also be carried out in the business registry; Step 5: Publish the company information on the National Business Registration Portal; Step 6: Reissue the company’s seal sample, which matches the information on the business registration certificate ( For example: new tax registration number); Step 7: Publish a sample of the company’s seal on the National Business Registration Portal. Note: After adjusting the investment registration certificate, the enterprise should follow some of the following provisions to avoid legal disputes: if the enterprise adjusts the investment registration certificate to increase the charter capital of the license tax change, the enterprise should declare the new license tax level and pay the additional license tax; To recognize the new funder, it is necessary to inject capital into the capital account of the enterprise. The time limit for investment must meet the commitment period stated in the investment registration certificate; the enterprise should pay attention to the procedure for reporting the responsibility. The statement complies with the corporate investment reporting obligations (usually specified in Article 3 of the investment registration certificate); if the company supplements the new line of business that meets the operating conditions stipulated by the law, the company should ensure compliance with these regulations. Adjustment of the DADIVIET INS Investment Registration Service Certificate :DAIVIET INS will consult the client on the conditions, files and adjustment procedures of the investment registration certificate; draft and prepare the file customer representative for the customer providing the information; and perform the investment registration certificate adjustment procedure on behalf of the customer at the national authorized institution; supervise the state authorized institution Handling procedures to explain to the national authority any problems related to the archives; provide legal procedures after adjustment of the enterprise guidelines; adjust the investment registration certificate, consult the issuance or adjustment of the sub-license; support the customer to handle the Vietnamese business operations Any legal issues; procedures and accounting for tax law, tax consulting for foreign companies; regular legal advice for foreign companies. Customers who need to adjust their investment registration certificates or are seeking legal questions and procedural assistance are welcome to contact DAIVIET INS. We are willing to provide legal advice and provide related services
