Written By PLF Law Firm

While implementing investment project adjustment, it is essential for investors to determine in which case they need to carry out registration procedures for adjustment or adjustment examination in accordance with law.

Adjustment of investment projects is effected in the forms of amending and supplementing the contents of Investment Certificates. Enterprises are required to implement the procedure of Investment Certificate adjustment when modifying the contents related to the objective, scale, location, form, capital, and duration of a project.

Investment projects, for which adjustment registration or examination procedures are not required, include:

Projects that adjust but not changing their objectives, scale, location, form, capital or duration;

Domestic investment projects which, after adjustment, are capitalized at under VND 15 billion and not subject to conditional investment sectors;

Domestic investment projects which, after adjustment, are capitalized at under VND 300 billion and make no changes to the objective and location of investment.

Projects subject to registration for investment project adjustment include:

Foreign investment projects which, after adjustment, are capitalized at under 300 billion Viet Nam Dongs and not subject to conditional investment sectors;

Domestic investment projects which, after adjustment, are not subject to any conditional investment sectors, except for cases of projects for which adjustment registration or examination procedures are not required;

Domestic investment projects subject to conditional investment sectors which, after adjustment, make no changes to their objectives and still satisfy the investment conditions specified for them, except for cases of projects for which adjustment registration or examination procedures are not required.

The investors shall register the contents to be adjusted with provincial-level state agencies in charge of investment within 10 days after deciding on adjustment.

Investment projects subject to adjustment examination include projects which, after adjustment, fall into the following cases:

Foreign investment projects which, after adjustment, are subject to examination for grant of Investment Certificates;    

Domestic investment projects which, after adjustment, are subject to conditional investment sectors, except for cases in which they are subject to registration for investment project adjustment.

The investors shall submit a written request for adjustment of investment project, which covers contents on the project execution progress, reasons for adjustment and changes compared with the examined contents, to competent state agencies in charge of investment according to their competence.

In addition, investors may be fined with 20 million to 30 million Viet Nam Dongs if fail to implement the procedures of investment project adjustment in accordance with law and forced to implement such procedures as prescribed by provisions of law.

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