Adjustment of Investment Registration Certificate for investment project subject to Decision on Investment policy adjusted by the Prime Minister

a) Implementation order:

- Step 1: Investor submits documents under regulation of Clause 2, Article 33 of Decree No.118/2015/ND-CP to the Department of Planning and Investment

- Step 2: Within 03 working days from receipt of a valid documents, the Department of Planning and Investment shall send 02 sets of document to the Ministry of Planning and Investment, and send the documents to the relevant competent authorities to get comments of the adjustment (within the provisions of Clause 3, Article 30 in Decree No. 118/2015/ND-CP). 

- Step 3: Within 10 working days from receipt of the request from the Department of Planning and Investment, the agency shall take comments of the adjustment within management scope

- Step 4: Within 20 days of from receipt of valid documents, the Department of Planning and Investment shall submit to the provincial People's Committee for consideration and giving comments to submit to the Ministry of Planning and Investment on the contents specified in Clause 5, Article 31 of Decree No. 118/2015/ND-CP relating to the adjustment. 

- Step 5: Within 15 working days from receipt of the comments from the provincial People's Committee, the Ministry of Planning and Investment shall prepare assessment report on the adjustment and submit to the Prime Minister for decision on adjustment of the investment policy.

- Step 6: Within 07 working days from receipt of the assessment report from the Ministry of Planning and Investment, the Prime Minister shall consider and decide to adjust the investment policy. The written decision on adjustment of investment policy will be sent to the Ministry of Planning and Investment, the provincial People's Committee and the Department of Planning and Investment.

- Step 7: The Department of Planning and Investment shall adjust the Investment Registration Certificate within 05 working days from receipt of the written decision on adjustment of the investment policy.

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:

+ Decision on adjustment of the investment policy: at the Archives of the Office of Hung Yen Province People's Committee; or through the postal system

+ Adjusted Investment Registration Certificate: 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);

- Explanation or providing documents relating to adjustment of the content specified at Point b, c, d, đ, e, g in Clause 1, Article 33 of the Investment Law (if any), 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 including the following contents: name of technology, origin of technology, technological process diagram; key specifications, current status of machinery, equipment and main technology lines;

+ Business Cooperation Contract (BCC) for investment projects in the form of BCC Contract

* 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:

08 sets (at least 01 original set)

đ) Time limit for settlement:

- Within 47 working days

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 is subject to the Decision on investment policy issued by the Prime Minister and the investor adjusts the following contents:

- Objectives, location, main technology;

- Increase or decrease more than 10% of the total investment capital which changes the objectives, scope, and capacity of investment project;

- Duration for implementation of investment project or conditions for investors (if any).

This procedure is also applied to investment projects which are subject to the approval or decision on investment policy in accordance with law prior to the Investment Law coming into effect (before 01/07/2015) and approved or decided on investment policy prior to the Investment Law coming into effect. So the investor adjusts the investment project, which changes the content of the approval or decision on investment policy (Clause 5 of Article 63 in Decree No. 118/2016/ND-CP).

h) Results of administrative procedures:

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

i) Fees:

None

k) Name of form, declaration:

- A written request for adjustment of investment project in accordance with Form I.6 issued with Circular No. 16/2015/TT-BKHDT);

- Report on the implementation of the project by the time of adjustment in accordance with Form I.8 issued with Circular No. 16/2015/TT-BKHDT;

l) Requirements and conditions for procedure implementation

- Enough valid documents

- Decided to adjust the investment policy by the Prime Minister

m) Legal basis of administrative procedures:

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

- Law on land No. 45/2013/QH13 dated 29/11/2013;

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

- Decree No. 43/2014/ND-CP dated 15/5/2014.

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

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