Dossier for suggestion to adjust contents of the investment certificate

(For FDI enterprises have been granted the investment certificates and have been carrying out projects)

due to changes in:

(1) - Name of the company

(2) - Address of head office

(3) - Form of the company

(4) - Business scope

(5) - Charter capital

(6) - Legal representative

(7) - Name of the project

(8) - Purposes and scale of the project

(9) - Location for implementation of the project

(10) - Total investment capital

(11) - Operating duration of the project

(12) - Implementation progress of the project

(13) - Investment incentives

I. Common documents

1. Registration / suggestion for modification of the investment certificate

2. Decision / Minutes of meeting (if any) of the investors regarding registration / suggestion for modification of the investment certificate

3. Amended charter of the enterprise

4. Report on project implementation

5. Power of attorney

6. List of Investors

7. The latest Audited Financial Statements of the enterprise

8. Other documents (as the concrete case)

II. Separate documents

* For the case of a change regarding

(2) - Address of head office

(9) - Location for implementation of the project

need more:

- Contract (or Agreement) on lease (or borrow) property (new) for using as head office (or as location for implementation of the project)

- Related legal documents of the property (new) in order to prove legality of lease (or borrow).

For the case of a change regarding

(4) - Business scope

(8) - Purposes and scale of the project

need more:

- the practicing certificate for business lines require a practicing certificate;

- documents to prove ability and experience of the investors for the business sector requires qualification, experience;

- documents to prove financial capacity of the investors for business lines require financial capacity must be satisfied;

For the case of a change regarding (increasing capital or changing capital structure)

(5) - Charter capital

(10) - Total investment capital

need more:

- documents to prove financial capacity such as the latest Audited Financial Statement or the bank statement of the owners or shareholders.

- Report on financial capacity of the investors.

- Contract or agreement on transference of capital (or shares) in the case of transference of capital (or shares) between the owners (or shareholders).

- Documents to prove the payment of the transfer value has been fully executed (The records of transfers, liquidation reports for contract or agreement on capital transference (or equity transference).

- Certificate of business registration (if the investor is a legal entity), passport (if the investor is an individual) in case of change of the investors due to capital transference (or shares transference).

For the case of a change regarding

(6) - Legal representative

need more:

- The passport of (new) legal representative

- Letter of appointment of legal representative (new)

- The labor contract signed between the legal representative (new) and Investors

- Confirmation on temporary residence of the legal representative (new)

For the case of a change regarding

(1) - Name of the company

(7) - Name of the project

(11) - Operating duration of the project

(12) - Implementation progress of the project

(13) - Investment incentives

need more:

- The explanation

- documents to prove contents of the explanation

II. Other documents (as the concrete case)

(To see Vietnamese version at article as "Điều chỉnh Giấy Chứng nhận đầu tư")

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Written and posted up by Lawyer Nguyen Thi Thoa