Adjusting the content of investment project in Investment Registration Certificate (in case of not adjusting the Decision on Investment policy)

a) Implementation order:

- Step 1: The investor submits documents to the Department of Planning and Investment;

- Step 2: Department of Planning and Investment adjusts the Investment Registration Certificate within 10 working days from receipt of valid documents.

b) Implementation method:

- Submit documents: directly at the Division of receiving and returning results (in the head office of the Department of Planning and Investment in Hung Yen province); or through the postal system.

- Receive results: directly at the Division of receiving and returning results (in the head office of the Department of Planning and Investment in Hung Yen province); or through the postal system.

c) Documents:

- A written request for adjustment of investment project (attached with Copy of Investment Registration Certificate, Investment License, Investment Certificate or other papers with the same validity);

- Report on the implementation of the project by the time of adjustment;

- Decision on adjustment of the investor’s investment project (attached with the Minutes of the meeting of the Board of Members/ Board of Directors/ General Assembly of Shareholders/ general partners/ owner of the investor on the adjustment of investment project;

- Documents specified at Point b, c, d, đ and e in Clause 1, Article 33 of the Investment Law relating to the adjustment, including:

+ A copy of the identity card, citizen identity card or passport for individual investors; a copy of the Establishment certificate or other equivalent documents confirming the legal status for institutional investors (for documents of foreign organizations, they must be legalized; documents in foreign language must be translated into Vietnamese, certified by organizations with function of translation).

+ Investment project proposal includes: investor, investment objectives, investment scale, investment capital, capital mobilization strategies, location, investment duration and schedule, labor demand, proposal of investment incentives, assessment of the project impacts and its economic - social efficiency;

+ A copy of one of the following documents: financial report in the last 2 years of the investor; financial support commitment of parent company; financial support commitment of financial organization; guarantee financial capacity of  the investor; documents explaining the financial capacity of the investor;

+ Proposal of demand on land use for the project allocated land, leased land and allowed to change the purposes of land use by the state (attached with the location map and agreements with local authorities about the location and area of the land lot proposed for the investment project);

For the project not allocated land, leased land and allowed to change the purposes of land use by the state: the investor shall submit copies of location rental agreement or other documents confirming that the investor has the right to use the location to implement the investment project;

+ Explanation on the technology used for projects using the technology on the List of technology limited for transfer under the provisions of the law on technology transfer using restriction technology in transferring under provisions of the law on transferring technology includes the following contents: name of technology, origin of technology, technological process diagram; key specifications, current status of machinery, equipment and main technology lines;

* Remarks: Individuals/ organizations implementing administrative procedures may submit the copy from the original book, certified copy or copy not certified and the original for comparison.

d) Number of documents:

03 sets (at least 01 original set)

đ) Time limit for settlement:

Within 10 working days from receipt of valid documents

e) Implementing agency:

- Agency directly implementing administrative procedures: Department of Planning and Investment in Hung Yen province;

- Coordinating agencies: relevant departments, lines

g) Subjects implementing administrative procedures

Investor (individual and organization) owning the investment project issued  Investment Registration Certificate, Investment License, Investment Certificate or other papers with the same validity shall adjust the following contents and it is not subject to the Decision on Investment policy:

- Location for investment project implementation, area of land;

- Objectives and scale of the investment project;

- Investment capital of the project, schedule of capital contribution and capital mobilization;

- Project period;

- Project implementation schedule;

- Investment incentives, support (if any);

- Conditions for investor to implement the investment project (if any).

h) Results of administrative procedures:

- Investment Registration Certificate (Form II.3 issued with Circular No. 16/2015/TT-BKHDT)

In case of adjustment of investment project operating under Investment License, Investment Certificate (also being Business Registration Certificate) or other papers with the same validity, then Investment Registration Certificate shall replace the content of investment project in Investment License, Investment Certificate (also being Business Registration Certificate) or other papers with the same validity. If Investment License, Investment Certificate (also being Business Registration Certificate) or other papers with the same validity regulate the content of business registration, then the content of business registration in these papers continues to be effective.

i) Fees:

None

k) Name of form, declaration:

- A written request for adjustment of investment project (applicable to projects not subject to the Decision on Investment policy) in accordance with Form I.7 issued with Circular No. 16/2015/TT-BKHDT;

- Report on the implementation of the project by the time of adjustment (Article 33, 34, 35, 36 in Decree No. 118/2015/ND-CP) in accordance with Form I.8 issued with Circular No. 16/2015/TT-BKHDT;

l) Requirements and conditions for procedure implementation

- Enough valid documents

- Adjustment content is not subject to prohibited lines of business investment;

- Meet the investment conditions applicable to foreign investors if the project has operational objectives within conditional investment lines for foreign investors.

m) Legal basis of administrative procedures:

- Investment Law No. 67/2014/QH13 dated 26/11/2014;

- Decree No. 118/2015/ND-CP dated 12/11/2015;

- Decree No.111/2011/ND-CP of the Government dated 05/12/2011;

- Circular No. 16/2015/TT-BKHDT dated 18/11/2015.

 

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