PROCEDURES FOR ADJUSTMENT OF LOCATION OF FOREIGN INVESTMENT PROJECTS IN VIETNAM FOR PROJECTS NOT REQUIRED POLICY APPROVAL
TLK Law Firm is one of the reputable law firms in Vietnam, with many years of experience in implementing the procedures for adjusting the location of foreign investment projects in Vietnam for projects not subject to policy approval quickly - efficiently - conscientiously on the basis of the foundation of the most unbeatable fee schedule.
1. Investment Law No. 61/2020/QH14 was passed by the National Assembly on June 17, 2020;
2. Enterprise Law No. 59/2020/QH14 was passed by the National Assembly on June 17, 2020;
3. Decree No. 31/2021/ND-CP issued by the Government on March 26, 2021 detailing and guiding the implementation of a number of articles of the Investment Law;
4. Decree No: 01/2021/ND-CP issued by the Government on January 4, 2021 on business registration;
5. Circular No: 03/2021/TT-BKHDT issued by the Ministry of Planning and Investment on April 9, 2021, prescribing templates for documents and reports related to investment activities in Vietnam, outward investment activities and investment promotion activities;
6. Circular No: 01/2021/TT-BKHDT issued by the Department of Planning and Investment on March 16, 2021 guiding the business registration;
7. Other relevant guiding legal documents.
INSTRUCTIONS FOR PROCEDURES
As a foreign investor, you are wishing to adjust the location of an investment project but do not know the process and the composition of the documents to carry out the procedure for applying for the adjustment of location of the investment projects? Besides, you are also in need of a reputable and professional legal organization for legal advice.
If that is true, then it is very accurate for customers to find TLK Law Firm. We will advise, guide and provide all services related to procedures for adjustment of location of foreign investment projects in Vietnam for projects not subject to approval to the investment policy through the article below.
Location of investment projects is the place where the investor organizes investment activities and business of investment projects. This is one of the important factors to help investors deploy their business plans in the most convenient way. In order to change the location of a foreign investment project, the investor first needs to carry out the procedures for applying for an adjustment to the Investment Registration Certificate for the project that is not subject to policies approval as follows:
Picture 1: Procedures for adjustment of the location of foreign investment projects in Vietnam for projects not subject to approval to the investment policy _ Hotline: (+84)97 211 8764
I. PROCESS FOR IMPLEMENTATION PROCEDURES FOR ADJUSTMENT OF LOCATION OF FOREIGN INVESTMENT PROJECTS IN VIETNAM FOR PROJECTS NOT SUBJECT TO APPROVAL TO THE INVESTMENT POLICIES
1. Steps to carry out the procedures for applying for adjustment of the location of foreign investment projects in Vietnam for projects not subject to the approval of investment policies
Step 1: Consulting and supporting customers who are eligible to apply for adjustment of the location of foreign investment projects in Vietnam;
Step 2: Prepare relevant documents;
Step 3: Drafting documents to adjust the location of foreign investment projects in Vietnam;
Step 4: Represent the client to submit the application for the adjustment of the project location at the competent State agency;
Step 5: The representative receives the results at the competent state agency and returns the results to the customer.
=> See more: Procedures for applying for adjustment of Investment Registration Certificate for investment projects subject to adjustment of investment policy decisions
2. Profile composition and settlement process of the application for adjustment of the location of foreign investment projects in Vietnam for projects not subject to approval to the investment policies.
A. Profile composition
1. A written request for adjustment of the investment project;
2. Report on the implementation of the investment project up to the time of adjustment;
3. Investor's decision on the adjustment of the investment project for institutional investors;
4. Investment project proposal;
5. Lease contract/location for implementation of investment projects;
6. Notarized/certified copy of the Certificates of Land Use Rights;
7. Other documents at the request of competent state agencies (if any).
=> See more: For investment projects not subject to the approval of investment policies
B. Settlement Agencies
- Management Boards of industrial parks, export processing zones, hi-tech parks, and economic zones, for investment projects in industrial parks, export processing zones, hi-tech parks, or economic zones, except for the third case permitted by the law mentioned below;
- Department of Planning and Investment for investment projects outside industrial parks, export processing zones, hi-tech zones, economic zones, except for the third case mentioned below;
- The investment registration agency where the investor implements the investment project, locates or plans to set up an executive office to implement the investment project for the following investment projects:
a) Investment projects implemented in 02 or more provincial-level administrative units;
b) Investment projects implemented inside and outside industrial parks, export processing zones, high-tech zones and economic zones;
c) Investment projects in industrial parks, export processing zones, hi-tech zones, and economic zones where the management board of industrial parks, export processing zones, hi-tech zones, and economic zones has not been established or is not under the management of the Management Board of industrial parks, export processing zones, high-tech zones and economic zones.
C. How to implement
Dossiers shall be submitted in person, by post after online declaration or online in case the governing investment registration agency applies this method.
The certificate of investment registration shall be adjusted in accordance with the amended contents.
=> See more: Adjustment of investment registration certificate in case of business transformation
II. SOME IMPORTANT ISSUES RELATED TO PROCEDURES FOR ADJUSTMENT OF LOCATION OF FOREIGN INVESTMENT PROJECTS IN VIETNAM FOR PROJECTS NOT SUBJECT TO APPROVAL TO THE INVESTMENT POLICIES
1. What is an investment project?
Investment project means a collection of proposals for the expenditure of mid-term or long-term capital to carry out investment activities in a particular administrative division over a certain period of time. Therefore, the location of the investment project is the place where the project is implemented and the location of this implementation must be disclosed in the registration certificate.
2. Conditions for applying for adjustment of location for implementation of foreign investment projects in Vietnam
- The location of the investment project must satisfy the conditions for the field operation, and at the same time, it must not be located in an apartment building or a collective house;
- For projects subject to application for approval of investment policies, when changing the location of project implementation, economic organizations must carry out procedures for applying for approval for adjustment of investment policies before adjusting their investment registration certificates;
- In case the investor's proposal for adjustment of the contents of the Investment Registration Certificate leads to the investment project subject to a decision on investment policies, the investment registration agency shall carry out the procedures for making a decision. decide on investment policies before adjusting the Investment Registration Certificate;
- The investor/economic organization implementing the project needs to complete the reports on the implementation of the investment project on the National Information System on Foreign Investment from the time of issuance of the Investment Registration Certificate to the time of carrying out the procedures for applying for Adjustment of the location of the investment project.
Picture 2: Procedures for adjustment of location of foreign investment projects in Vietnam for projects not subject to approval to the investment policy _ Hotline: (+84)97 211 8764
=> See more: Procedures for adjusting offshore investment registration certificates - changes in investment incentives.
III. HOW SHOULD YOU CHOOSE THE BEST LEGAL SERVICE PROVIDED ORGANIZATION?
First: Must be an official legal organization with a legal operating license;
Second: Having a Board of Directors must be lawyers, the more experienced and highly educated the better;
Third: Having a team of lawyers, a professional and well-trained human resource system;
Fourth: Friendly, dedicated and make every effort for the benefit of customers. Consider customer satisfaction, work quality as one's own honor;
Fifth: Professional, thoughtful, flexible and logical service delivery process to optimize work performance and maximize customer time savings;
Sixth: Reasonable and competitive service prices;
Seventh: Wide range of services in both the field of providing service packages in the same field for customers to choose the appropriate service package, as well as being able to provide comprehensive support to customers throughout the operation process;
Eighth: Capable of Connecting - Promote commercial relationships for customers if customers have needs,...
Finding a comprehensive, professional and reputable legal consulting organization is what any client wants. Because no one wants to take the risk of losing both finance and time while the results are not as expected. However, to find such an organization is not easy because the number of service providers in the Vietnamese market today is a lot with different quality.
One suggestion for you is that, although our TLK Law Firm does not dare to claim to be the best legal service provider in the market, we satisfy all of the above criteria and more, will definitely be a good choice for you.
IV. SOME QUESTIONS RELATED TO THE PROCEDURES FOR ADJUSTMENT OF LOCATION OF FOREIGN INVESTMENT PROJECTS IN VIETNAM FOR PROJECTS NOT SUBJECT TO APPROVAL TO THE INVESTMENT POLICY
Question 1. When making adjustments to the investment registration certificate for many contents, can it be done in the same application?
The Investment Law 2020 and the guiding document that does not limit the implementation of procedures for changing the Investment Registration Certificate must separate each changed content as a set of documents, so the adjustment of many contents on the Investment Registration Certificate for many contents, in the same set of documents is completely possible.
=> See more: Procedures for applying for adjustment of investment registration certificates for investment projects subject to adjustment of investment policy decisions.
Here is some general advice that we would like to offer to our customers. As a service provider, we always understand and are ready to accompany and solve the needs and difficulties that customers are facing. If you still have questions or need more in-depth advice, please contact the hotline: (+84) 97 211 8764 for direct advice from our lawyer (free consultation).
Thank you very much!
Administrative Procedures Department – TLK . Law Firm
Contact TLK for more information.
05 -25 working days from the date the State agency receives the complete and valid dossier.
1. Support for customers in connection - trade promotion during operation.
2. Discount % service charge when customers use our service for the second time.
3. Free legal advice on business law for one year (if you are an organization or a business).
4. Free legal care and advice on tax law - accounting for businesses within one year (if you are an organization or a business).
5. Provide the internal management system of the enterprise (if you are an organization or an enterprise).
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