INVESTMENT CAPITAL INCREASE, DECREASE – PERFORMANCE PROCEDURE

During the operation process, the investor(s) may change the investment capital amount depending on their demand of capital use and the operation situation of the project. The project’s investment capital (including the investor’s contributed capital and mobilized capital) is a content recorded in the Investment Registration Certificate. Therefore, it should be noted that, the investor must carry out the procedures for ammendment of the corresponding Investment Registration Certificate for any investment capital increase, decrease, complying with regulations.

Violations act can be fined up to 100 million VND.

1.         Competent authority to receive dossiers and perform adjustment procedures of Investment Registration Certificates

Depending on each investment project, the authority with authority to receive dossiers and carry out procedures is as follows:

–         Management boards of industrial parks, export processing zones, hi-tech zones and economic zones, for investment projects in industrial parks, export processing zones, hi-tech zones, economic zones (except for some precribles cases).

–         Department of Planning and Investment, for investment projects outside industrial parks, export processing zones, high-tech zones, economic zones (except for some precribles cases).

–         Investment registration agency where the investor implements the investment project, location and expected establishment of an executive office to execute the investment project, for investment projects which:

+         Are carried out in the locality of 02 or more provincial-level administrative units;

+         Are carried out inside and outside industrial parks, export processing zones, high-tech zones and economic zones;

+         In industrial parks, export processing zones, hi-tech parks, economic zones where the management board of industrial parks, export processing zones, hi-tech zones, economic zones has not been established or is not under the management of the industrial zones, export processing zones, high-tech zones, economic zones, etc management board.

2.         Dossier for amendment of Investment Registration Certificate due to investment capital increase, decrease

–         A written request for adjustment of the Investment Certificate;

–         Report on the implementation of investment projects up to the time of adjustment;

–         Investor’s decision on adjustment of investment project for institutional investors -or an equivalent document for individual investors;

–         Documents proving the investor’s financial capacity include at least one of the following documents:

+         Financial statements of the last 2 years of the investor;

+         Commitment to financial support of the parent company or;

+         Commitment to financial support of a financial institution or;

+         Guarantee on the financial capacity of the investor or;

+         Other documents proving the investor’s financial capacity.

–         Explanations and other documents related to the adjusted content.

3.         Procedures of adjustment on the Investment Registration Certificate

Procedures for issuing and adjusting the Investment Registration Certificate for investment projects, which are not subject to approval of investment guidlines are as follows:

–         Step 1: The investor submits 01 application for the Investment Registration Certificate to the investment registration agency.

–         Step 2: The competent authority shall adjust the Investment Registration Certificate to the investor within 10 working days from the date of receipt of the valid application.

4.         Time for procedure completion

10 working days from the date of submission of complete and valid dossiers.

5.          Results of procedure

Investment registration certificate.