（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), is obligated by the investor to perform the investment certificate adjustment procedure 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 applying the relevant conditions (if any), the implementation of the investment policy decision-making process. If the investment project is determined by the investment policy issued by the provincial people’s committee, the file for adjusting the investment registration certificate includes: a written request for the execution of the investment project; Individual: A copy of the ID card or passport; if the investor is an organization: a copy of the enterprise certificate or equivalent document that can prove legal status; an investment proposal, which states: the investor in the project, the investment target, the investment scale, the 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 financial ability Guarantee; describe the financial capacity of investors. Land use requirements: If the project does not use land allocated or leased or allowed to change land use, the copy of the lease agrees to prove that the investor has the right to use the site to execute the project’s documents or other documents; Technology: Technical application notes, which specify: technical name, source, technology – flow chart, main specifications, machinery, equipment and main technical line conditions; 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 decided by the investment issued by the Prime Minister: the investor submits the file to the registration office 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: Procedures for adjusting the investment policy certificate effective from 2016: According to the Investment Law, which came into effect in July, No. 1 of 2015, Decree No. 118/2015 (providing detailed guidance on investment law), 16/2015 / TT- BKHĐT Notice (Regulations on the Investment Procedure Application Form and the Vietnam Investment Report Form), the adjustment of the Vietnam Investment Registration Certificate includes the following steps: Step 1: Perform the certificate adjustment procedure by separating the business registration information on the old investment registration certificate from the business registration Proof to register for investment. 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 the information related to the foreign investor of the investment company, the following steps are included: Step 1: The investor submits the file to the registry of the company headquarters. Procedures for executing capital contributions, stock purchases or capital contributions; Step 2: Investors submit the files to the Corporate Registry for the purpose of executing the procedures for recording investor information. Business Registration Certificate. 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 company should follow some of the following provisions to avoid legal disputes: if the enterprise adjusts the investment registration certificate to increase the charter capital that causes the license tax change, the enterprise should declare a new license tax level and pay an additional license tax; If the company recognizes the new investor, it must 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 note that the procedures for reporting duties and statements are in compliance with the investment reporting obligations of the enterprise (usually in investment registration). The certificate shall be stipulated in Article 3; if the enterprise supplements the new line of business that meets the operating conditions stipulated by law, the enterprise shall ensure compliance with these regulations. Adjustment of my certificate DAIVIET INS registration service: DAIVIET INS will consult the client about the conditions, files and procedures for adjusting the investment certificate; draft and prepare the file for the customer, provide the information provided by the customer; authorize the customer on behalf of the customer when performing the adjustment procedure The investment registration certificate of the institution; supervising the handling procedures of the state authorized institutions; explaining any problems related to the archives to the national authorized institution; providing enterprise guidance for the legal procedures that occur after the adjustment; and issuing or adjusting the sub-licenses after adjusting the investment registration certificate; Support clients to deal with legal issues arising in the operation of Vietnamese companies; consult tax laws, tax procedures and foreign corporate accounting; regular legal advice to foreign companies. If you need to adjust your investment registration certificate or are looking for legal issues and procedures, please feel free to contact DAIVIET INS. We are willing to provide legal advice and provide related services